The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for two years.

1. Summary of grounds for appeal;

A. In light of the legal principles, the Defendant was sentenced to one year and six months of imprisonment with prison labor and two years of suspended execution on December 19, 2014, and the above judgment became final and conclusive on December 19, 2014 due to the crime of violation of the Punishment of Violences, etc. Act (Formation activity of organizations, etc.) at the Suwon Flag method Board on December 11, 2014. Each of the crimes of this case is in the concurrent relationship between the crime of violation of the Punishment of Violences, etc. Act (organization activity of organizations, etc.) in which the judgment became final and conclusive and the crime of this case was committed in the latter part of Article 37 of the Criminal Act and the crime of violation of the latter part of Article 39(1) of the Criminal Act, despite the fact that the sentence concerning each

B. The sentence of the lower court’s unfair sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. Before the judgment on the grounds for appeal by the defendant ex officio, the prosecutor examined the defendant's appeal ex officio, and the prosecutor applied the defendant's name of the crime and the violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in the facts charged as "special injury", and "Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act" in the applicable law, "Article 258-2 (1) and Article 257 (1) of the Criminal Act" as "Article 258-2 (1) of the Criminal Act and Article 257 (1) of the Criminal Act," respectively. Since this court permitted this and changed the same, the judgment of the court below was no longer maintained.

A. The Defendant’s assertion of misapprehension of the legal doctrine is still subject to the judgment of the court, despite the aforementioned ex officio grounds for reversal.

In light of the following facts: (a) the latter part of Article 37 of the Criminal Act, and the language, legislative intent, etc. of Article 39(1) of the Criminal Act, where a crime for which judgment has not yet been rendered could not be judged concurrently with a crime for which judgment has already become final and conclusive, the relationship of concurrent crimes after Article 37 of the Criminal Act cannot be established; and (b) the case where a judgment is rendered simultaneously in accordance with Article 39(1) of