2013 Highis 197, 2014 Highis 302 (Consolidation)

(a) Violation of the Punishment of Violences, etc. Act (the composition and activities of an organization, etc.);

(b) Violation of the Punishment of Violences, etc. Act (a group, a deadly weapon, etc.);

(c) Violation of the Punishment of Violences, etc. Act (a group, a deadly weapon, etc.);

(d) Violation of the Game Industry Promotion Act;

(e) Gambling places;

1. (a) a lecture 】 (70 - 1) 】 (70 - 1) , and free from office;

Residential Chungcheongnam-gun Group

2. (a)(b) Kim XX (71 - 1), and non-employment;

Housing Gangnam-gu Seoul Metropolitan Government Suwon-dong 3 Dong

3.(a)(d)(e)(7)(7)(79 - 1), and free of duty;

Man-si, Man-Eup, Man-dong

4. (a) Gamben (72 - 1), daily workers;

Seodaemun-gu Seoul Metropolitan Government Ageo-dong

Kim Jong-mun (Lawsuits) and Compensation for (Trial)

Law Firm △△, Attorney △△△△, Counsel in charge of △△△ (for the purpose of defendant Gangnam)

Attorney Ansan △△△, and Park △△△ (Defendant Kim 】 】 for the sake of

Attorney Kim △-△△△ (the central office for defendant Kim △△)

Public-service △△△△ (the national vessel for Defendant Park Jong-su)

August 21, 2015

Imprisonment with prison labor for 1 year and 6 months, 2 years, 1 year of imprisonment with prison labor for the crimes of 1 year and 2 years of imprisonment for the crimes of 1 year and 2 years of imprisonment for the defendant's room, and 2 years of imprisonment for each of 2 years of imprisonment.

However, with respect to the defendant Park XX, the execution of the above sentence shall be suspended for 3 years from the date of this decision. Probation and community service for 200 hours against the defendant's gambling is ordered.

Of the facts charged in the instant case, the charge of violating the Punishment of Violence, etc. Act (a group, deadly weapon, etc.) against Defendant Kim XX is acquitted.

Criminal facts (criminal records)

Defendant XX was sentenced to 10 months of imprisonment for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Seoul Northern District Court on July 17, 2008, and the execution of the sentence was terminated on May 16, 2009. Defendant Kim XX was sentenced on October 31, 2003 to 2 years and 6 months of imprisonment for a violation of the Punishment of Violences, etc. Act (a group at night, deadly weapon, etc.) at the Seoul Northern District Court on January 20, 2006 and completed the execution of the sentence.

Defendant XX was sentenced to one year and four months of imprisonment with labor for special larceny, etc. at the Jung-gu District Court on May 26, 2006, and the execution of the sentence was terminated on December 22, 2006. On April 3, 2009, the Jung-gu District Court sentenced ten months of imprisonment with labor for a violation of the Act on the Control of Narcotics, etc. (fence), etc. on January 28, 2010, and the decision became final and conclusive on January 31, 2010.

1. Criminal facts of 2013 Highest 197;

【Status of Formation of Madiophism of Criminal Organizations】

1980년대 들어 서울 북부 지역권인 서울 도봉구 수유동, 상계동 일대에는 유흥가가 번창하면서 유명 연예인들의 출현이 활성화되자 이들의 출연료를 갈취하고, 타 지역 폭력배들의 진출을 막기 위해 1987. 2. 경 서울 강북구 우이동에 있는 4 · 19탑 부근 인디안부락이라는 동네에서 토착 폭력배인 A은 서울 강북구 일대 폭력배 16명을 규합하여 조직원 전원이 전신에 용 문신을 새기고 서울 강북구 지역 일대 유흥업소를 대상으로 보호비 명목 등으로 금품을 갈취하고 유흥업소 출연 연예인들을 상대로 출연료 등을 갈취할 목적으로 폭력조직인 인디안파를 결성한 후, 두목 A, 부두목 B, 행동대장 C , 행동대원 D, E, F, G, H, I, J, K, 그 밑으로 L, M, 성불상 대원, N, O, P 등으로 조직원을 정하고, 1989. 5. 경부터 서울 강북구 일대 유흥업소에 출연중인 유명 연예인들을 상대로 자신들의 요구조건을 거절하면 야간업소 출연을 못하게 만들겠다고 협박하여 출연료를 상습적으로 갈취하고, 조직원 D, J 등은 서울 강북구 수유동에 있는 ◇ 안마 시술소, 가라오케주점 등에 영업부장이라는 형식적인 직함을 걸고 700만 원 상당의 금품을 상습적으로 갈취하는 등 각종 폭력을 일삼아 오며 조직을 운영하다 그 무렵 수사기관의 대대적인 단속으로 조직원들이 검거 구속되어 두목 A은 집행유예를 선고 받고 출소하여 미국으로 떠나고 조직 실세였던 C은 징역 8년을 선고받아 서서히 조직에서 물러나며 이렇다 할 활동을 하지 못하게 되면서 인디안파는 와해되었다 .

After the 190s, 27 full-time officers such as D and E, etc., who were 27 full-time officers of the early April 1990 following the 1990s, opened a meeting at the Cheongsan located in Gangnam-gu, Seoul, and carried out organizational activities at the level of violence failure distance. At around 1993, Q, a cause of organization, died with knife in the knife due to the problem of Horse race track located in the Changdong-dong, Dobong-gu, Seoul, Seoul, 1993, 18 full-time officers such as Cho Q (Death), etc., retired from the large-scale organization and remaining 20,000 full-time officers such as Cho, S, xx, U.S., V, W, 198, and 9 full-time officers of the organization, such as 9 full-time officers of the organization, and 9 full-time employees of the organization.

3. At the Seoul Central District Prosecutors' Office, heavy crackdowns on hydroriphy waves began, and around 200, the wharf E escaped to Japan from the prosecutor's investigation, and around 200, the case where the subordinate members Kimx, A, B, C et al. knife the knife of the staff of the investigation agency, which was frequently investigated by the investigation agency due to the case where the knife of the knife of the knife, the Japanese violence organization, and the knife of the knife of the knife of the knife and the knife of the knife who were detained and engaged in the escape life of the knife, the knife of the organization

[The process of organizing a crime organization] From 207 to 207, the members of the 2nd Emb. The organizations under the command of the 2nd Emb. The organizations under the command of the 2nd Emb. The members of the 3rd Emb. Demb. The organizations under the command of the 2nd Emb. Demb. of the 2nd Emb. The organizations under the command of the 3rd Emb. of the 2nd Emb. The organizations under the command of the 1st Emb. of Emb. The organizations under the command of the 0th Emb. The organizations under the command of the 2nd Emb. The organizations under the command of the 1st Emb. of Emb. The organizations under the command of Emb. The organizations under the command of Emb. of Emb. The organizations under the command of Emb. The organizations under the command of Emb. of Emb.

【Securing and Using Organization Operation Funds】

In order to secure the organization and operation funds of a criminal organization organized as above, after the organization-level direct and indirect consolation or by using violence, he has been employed as a 'general operating officer', etc. to raise money for protection expenses, or has been placed in a sexual traffic business establishment, entertainment business establishment, gambling room and game room, gambling room and cryp, singing room, corporate office, company room, entertainment room, news room, etc. directly or indirectly, or has participated in various kinds of interests such as redevelopment construction site and association of the disabled. In addition, he has been in charge of general affairs for the organization, and has been in charge of 30 or more years of age and 100,000 won from 30 or more of the members of the organization, and has been regularly held in custody by using the above cryp and cryp of the members of the organization from 200,000 won to cryp of the members of the organization.

[New Assistants and Code of Conduct] In order to unify the training of new assistant staff and activities among assistant staff, △△-dong and △△-dong 201, Gangnam-gu, Seoul, Nowon-gu, to establish a dormitory, △△△-dong and △△-dong 201, which is located in Gangnam-gu, Seoul, to have subordinate members actively receive fighting in the region, and to have subordinate members under the age of 30 of the assistant staff, who are under the age of 30, 1 year, and live in a dormitory together with a line of one year after a line of one year, to educate him of the organization's discipline, such as an example that he would have been equipped with the organization's discipline and operation at the organizational level, and to put him at the time of organized power and violent events. (1) In the form of code of conduct, 90, more 100,000,000 after a line of one year, and 30,000,000.)

[ 지휘 및 통솔 체계 ] 조직 내부의 지휘 통솔체계를 유지하기 위하여 두목인 B과 부두목 D, 간부급 참모 b 및 m는 휴대폰을 사용하여 자신들만의 은밀한 방법으로 연락체계를 갖추고 행동대장 급인 n, 아래 기수부터는 강XX와 서열 리더 격인 김XX, S, U, W, Z, r, u, f, h 등으로 이어지는 연락 및 보고체계를 통하여 유사시 전 행동대원이 신속히 집결할 수 있고, 지휘부나 선배들이 명령을 내리면 아래로 내려가면서 단계별로 휴대전화를 이용하여 전달하는 방법으로 그 지휘계통을 수립하여 신속하게 말단 하부조직원에게까지 순차적으로 명령을 전달하는 한편, 하부조직원은 선배의 명령과 조직의 규율에 따라 야구방망이 등으로 속칭 줄빳다를 때리는 방법으로 지휘 및 통솔체계를 확립하는 등 엄격한 위계질서를 갖추었다 .

[F] On August 17, 2009, 200: (a) 2 and executive officers and staff members of the group are leading all members of the group to a luxo amusement park located in Gyeonggi-gu on August 17, 2009; (b) 200 to attract them to the luxo amusement park; and (c) 200 to promote and maintain the unity and unity of the group members by holding or supporting the new organizational structure work to be developed in the future; and (d) holding or supporting various contests at the lux group; and (e) 2) luxal events before and after the organization; (b) 3) 10,000 to the luxo-gun in Gyeonggi-gu on August 17, 200; and (c) 2) 2) to the luxo-gu in the mountain-gu in the mountain-si; (c) to the luxo-gu in the mountain-gu in the middle of 500,000 won.

19. 경 서울 강북구 우이동에 있는 옛촌식당에서 두목 B과 부두목 D은 회식비만 내려주고 간부급인 b 밑으로 모든 조직원들이 집결하여 모임을 가지고, ○ 2008. 10. 경 서울 강북구 우이동에 있는 두부마을에서 두목 B은 회식비만 내려주고 부두목 D 밑으로 모든 조직원들이 집결하여 모임을 가지고, ○ 2008. 11경부터 2009. 3. 경까지 사이에 서울 강북구 우이동에 있는 유원지에서 중간조직원 및 하부조직원들끼리 수시로 모임을 가지고, ○ 2009. 8. 17. 경기 가평군에 있는 대성리 유원지에서 두목 B이 직접 단합대회를 주최하여 2박 3일 동안 숙박을 하면서 낮에는 축구시합, 족구, 농구, 산악 바이크, 래프팅 등으로 체력단련을 시키며 조직의 단결심과 협동심을 키우고, 밤에는 위에서부터 막내까지 모두 한 자리에 모여 술자리를 마련 " 이제 민택이도 제거했으니 앞으로 열심히 생활해라 " 라고 두목인 B이 외치면, 조직원들은 " 수유리파 파이팅 하자, 우리는 흩어지면 죽으니 똘똘 뭉쳐 조직생활을 하자 ", " 수유리파를 위하여 " 라는 구호를 외치면서 술을 마시고, ○ 2009. 10. 초순경 서울 강북구 우이동에 있는 두부마을 내에서 간부급 조직원들이 조직원 U 또래와 하부 조직원들의 모임에 추석 떡값, 과일박스 등을 내려주고, ○ 2010. 1. 19. 경 서울 강북구 미아동에 있는 최진사댁 설렁탕 내에서 김XX 또래와 하부 조직원들이 모여 조직원 Y의 교도소 출소 기념 환영식을 개최하고 , ○ 2010. 1. 20. 경 서울 강북구 우이동에 있는 두부마을 내에서 부두목 D 밑으로 전조직원들이 모여 조직원 Y의 출소 환영식을 개최하고, ○ 2010. 1. 말경 서울 강북구 우이동에 있는 미림산장 내에서 강×× 밑으로 전 조직원들이 모여 출소한 조직원 Y의 환영식을 재차 개최하고, ○ 2010. 2. 중순경 서울 강북구 우이동에 있는 두부마을 내에서 간부급 조직원들이 조직원 U 또래 및 하부 조직원들의 모임에 설날 떡값, 과일박스 등을 내려주고, ○ 2010. 2. 16. 20 : 00경 서울 강북구 우이동에 있는 개나리산장 내에서 두목 B을 포함 모든 조직원들이 집결하여 모임을 가지며 2010. 2. 13. 대구교도소에서 징역 3년 8개월을 복역하고 출소한 과거 폭력패거리 단계의 수유리파 부두목이었던 E ( 깻묵이 ) 을 거론하며 " 이제 깻묵이는 우리 식구가 아니다 " 라고 하면서 재차 조직의 단합과 결속을 강조하였고, 그 외에도 정기적으로 거의 매월 1회씩 서울 강북구 우이동 유원지에서 조직원들이 회식자리를 가져왔다 .

[ 조직의 존속 및 유지 ] 조직원들은 선배의 명령과 조직의 규율, 행동강령에 절대 복종하고 만약 이를 어기거나 조직에서 이탈하려 할 경우에는 야구방망이 등으로 속칭줄빳다를 때리는 방법으로 엄격한 위계질서를 갖추며 수시로 보복성 폭행이 있어 왔는데 그 몇 가지를 예로 들면, ○ 2008. 9. 초순경 서울 강북구 수유동에 있는 조직원 S의 집 내에서 S은 자신의 집으로 후배 조직원 4, Y, V, W, v 5명을 불러들여 비상 소집시 하부 조직원이 늦게 도착했다는 이유로 교육을 똑바로 시키라며 야구방망이로 줄빳다를 때리고, 이 2009. 12. 초순경 서울 강북구 수유동에 있는 한신대학교 옆 주차장에서 조직원 r는 합숙소 장인 u, 그 밑으로 f, g, 그 밑으로 h, i, 그 밑으로 j 등을 상대로 하부조직원들 이 선배 조직원인 e를 제대로 대우하지 않았다는 이유로 쇠파이프로 줄빳다를 때리고 , ○ 2010. 1. 초순경 서울 강북구 미아동에 있는 지하 합숙소 내에서 i은 막내 조직원 k이 버릇없이 행동한다는 이유로 후배 조직원 j에게 지시하여 숙소에 있던 쇠파이프로 수회에 걸쳐 줄빳다를 때리게 하는 등 위 수유리파의 존속 및 유지를 위하여 바로 위 기수 선배 조직원들로 하여금 기강을 바로 잡는 차원으로 징벌을 가하였다 .

【Organizational-level Defluence of Force and Violence】

Under the direction of the two trees B, the number of 1st century grow up to be a sponsed crime group of the existing violence 20th century. The victims of 2nd 1st mponsed 2nd mponsed 3rd mponsed mponsed 1st mponsed mponsed sponsed sponsed sponsed sponsed sponsed sponsed sponsed sponsed sponsed sponsed sponsed sponsed sponsed sponsed sponsed sponsed sponsed sponsed sponsed sponsed sponsed sponsed sponsed sponsed sponsed sponsed sponsed sponsed sponsed sponsed sponsed sp.

In response to the fact that E, who retired from the river in front of the Gangseo-gu, Gangnam-gu, Seoul, was released from the river room and was released from the river in front of the Gangseo-gu, Seoul, and was able to emulgating him into a breast glass again, B, who was two emulgating B, has been armed with all emulgating staff in order to carry a blade and camping network, etc. or to carry them on the vehicle, and has been habitually emulgating the power at the emulgic emulgic emulgic emulgic emulgic emulgic emulgic emulg

[Violation of the Punishment of Violences, etc. Act (Composition and Activities of Organizations, etc.)]

Defendants: (a) in collusion with the head of Si/Gun/Gu, the head of Si/Gun/Gu/Dong, and the head of Si/Gun/Gu/Si/Gun/Gu/ the head of Si/Gun/Gu/Si/Gun/Gu/Gu/ the head of Si/Gun/Gu/Gu/Si/Gun under the direction of the head of Si/Gun/Gu/Gu/Si/Gun/Gu/ the head of Si/Gun/Gu/Si/Gun/Gu/ the head of Si/Gun under the direction of the head of Si/Gun/Gu/Si/Gun/Gu/Si/Gun/Gu/Si/Gu/Si/Gun under the direction of the head of Si/Gun/Gu; (b) the head of Si/Gun/Gu/Gu/Gu/Si/Gun under the direction of the head of Si/Gun/Gu/Gu/Gu/Si/Gu/Si/Gu/Si/Gun to share his/her former force during the past force-based period from August 2008 to August 3, 2009; and (c) the head of Si/Gun/Gu/Gu.

2. Criminal facts of 2014 high-priced302;

w, x, y 등은 불법 인터넷 게임사이트를 운영하기로 공모한 후, 2010. 5. 30. 경부터 수사기관의 단속을 피하기 위하여 위 게임사이트의 이름을 ' 미르 ', ' 센터 ', ' 원 ', ' 뉴원 ' , ' 제우스 ', ' 판짱 ', ' 유 ', ' 씨지 ', ' 식스 ', ' 브랜드 ' ( 이하 ' 게임사이트 ' 라고 함 ) 등으로 변경하여 인터넷 게임사이트를 운영하면서 수사기관의 추적을 피하기 위하여 2011. 10. 말경까지는 중국 위해 지역에, 2011. 10. 경부터 필리핀 수빅, 마닐라, 클락 지역에 사이버머니 충전 및 환전, 정산 등의 업무를 총괄하는 속칭 ' 콜센터 ' 를 설치하고 그 곳에 z, ㄱ , ㄴ, ㄴ, ㄹ, ㅁ, ㅂ, ㅅ 등을 고용하여 위 업무를 담당하게 하였다 .

The above game site is the top-level organization in charge of the settlement of profits, call center operation, and the management of the company's main office. The game site was composed of an intermediate organization of "the general name", "the head office", and "the main office" in charge of publicity of the game site and the management of the company's main office. The following was operated by directly filling game money to customers and allowing them to exchange the remaining game money, "the PC bank's main office" as the lowest organization. The profit was the above "the above store" and the customers or the customers visiting the above game site were converted from the contents of the game rating committee's classification of the game product's contents, "the Ba", "the head office", "the general office", and "the manager of the company's office", and then the employees were divided into 14% share of the company's employees, and then 5% share of the company's employees were distributed to them.

(a) Gambling places;

From March 2012 to May 2012, the Defendant received a page "to receive 12% fee in relation to the above game site" from a "regular director," and operated a PC on the first floor of the studio building located in the studio building located in the Do Government Dong-si, Gu Council-si, with six computers installed and ○○○○."

The defendant allowed many unspecified customers to access the game site using a ID and password, and allowed them to play games, such as 'the Bad', 'the Bad', 'the Bad', 'the Bad', 'the Mad', 'the Mad', etc. by using the PC card, and opened gambling for profit by receiving 12% fees from the operating company when using the PC's account for the filling and exchange of game money (the 'the Mad') as shown in the attached list of crimes (1).

B. No one may offer or display or keep game products different from the rating of the game industry. Nevertheless, unlike the contents classified by the Game Rating Board at the same time and place as above, the Defendant received an amount of money from the manager of the above game site through a fixed coophone to customers, and without verifying the real name or resident registration number of the game users, without the entry of the amount of money into an account in the name of the defendant. The Defendant offered 0% of the amount of money to customers by using the 0-party game products in the name of the 0-party game product or the 0-party game product so that customers do not charge the game products with the 0-party game product by using the 0-party game product so that they may receive money from each customer by using the 0-party game product in the name of the 0-party game product or by using the 0-party game product so that they may not receive money from the 1-party game product in the name of the 0-party game machine or by using the 4-party game machine.

Summary of Evidence (related to the facts constituting an offense of 2013 Highly 197)

1. Defendant Gangnam-gu, Kim XX, part of their respective legal statements, Defendant Park XX’s legal statement

1. The witness k, the fifth protocol of the trial, the witness h, a, the sixth protocol of the trial, the witness j, the 8th protocol of the trial, the witness Kim XX, the 4th protocol of the trial, the witness Y, the 9th protocol of the trial, the 4th protocol of the trial, the 11th protocol of the witness Y and s each statement of the witness Y and s;

1. Each prosecutor's protocol of examination of the defendants and f

1. Copies of each protocol of examination of witness against 4, Kim XX, Y, A, W, f,j, k, c, and 1;

1. Copy of the police statement of E;

1. A report on investigation (a photographic photo of a lodging establishment, and a photographer's photograph file);

1. Photographs photographs of lodging places, photographs of crime places, and photographs of assistants (related to the crime of 2014 Gohap302);

1. Defendant’s legal statement in XX

1. Investigation reports (related to CD reproduction of reply materials of the Game Rating Board, which are evidential materials), investigation results reports, and investigation reports (Attachment to similar case rulings);

1. A photograph by the manager of a gambling site and by cutting down a game page;

【Criminal Records】

1. Each criminal record, each judgment (No. 46 No. 2013 Gohap197) against the Defendants, and current status of custody (Evidence No. 47 No. 2013 Gohap197)

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of some punishment for the criminal facts;

A. Defendants

Article 4(1)3 of the Punishment of Violences, etc. Act, Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010; hereinafter referred to as "former Criminal Act"), Article 30 of the Criminal Act (Organization of Each Criminal Organization)

B. Defendant’s room XX

Article 247 (Opening of Gambling Place) of the Criminal Act; Article 45 (4) and Article 32 (1) 2 (a) of the Game Industry Promotion Act (a point of providing game products different from the game products rated); Article 44 (1) 1 and Article 28 subparagraph 2 (a) of the Game Industry Promotion Act (a point of having provided game products perform speculative acts using game products); Articles 44 (1) 2 and 32 (1) 7 (a point of arranging exchange of game products as a result of using game products); each decision of imprisonment is made.

1. Aggravation for repeated crimes;

A. The defendant Gangnam, Kim XX, and room XX

Article 35 of each Criminal Code, proviso to Article 42 of the former Criminal Code (Defendant protection x No. 1 of the judgment)

B. Defendant addressx

Article 35 (Crime No. 2 of Judgment in Criminal Act)

1. Handling concurrent crimes;

Defendant XX: The latter part of Articles 37 and 39(1) of the Criminal Act (the final judgment on the Act on the Control of Narcotics, etc.) and the violation of the Punishment of Violences, etc. Act (the composition and activities of an organization, etc.) 1. The aggravation of concurrent crimes

Defendant XX: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (Mutual Crimes, Punishment, and Criminal Procedure No. 2)

1. Discretionary mitigation;

Defendant X: Articles 53 and 55(1)3 of the Criminal Act (The following factors are considered in favor of the reasons for sentencing)

1. Suspension of execution;

Defendant Park XX: Article 62(1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Probation and community service order;

Defendant Park XX: Judgment on the assertion of Defendant lecturex, Kimx, roomx and their defense counsel under Article 62-2(1) and (2) of the Criminal Act;

1. Judgment on Defendant Gangnam and his defense counsel’s assertion

A. Summary of the assertion

The facts that Defendant Q was the constituent causes of hydropa, but the hydropa did not newly form between August 2008 and August 2009, as stated in the facts of the crime, as stated in the ruling, while the hydropa was a criminal organization that had existed from the past. Even if it was constituted at that time, even if it was constituted at that time, the Defendant Gangnam.

Since imprisonment with prison labor for a crime as stated in the judgment of the court was sentenced on May 16, 2009, and the execution of the sentence was terminated on May 16, 2009 and did not engage in any act related to the organization of the criminal organization, the defendant's demotion should be

B. Determination

1) The fact that even before August 2008, there was a violence organization under the name of hydrori wave (hereinafter “former organization before August 2008”). Many of the members of hydrori wave including Defendant X was the assistant of hydrori wave x x x x x x x. However, according to each evidence of the judgment, there was a heavy crackdown on hydrori wave conducted from around March 199 and frequent investigation into the crime, and even before August 2008, there was no other evidence to acknowledge that there was an organized organization or 200,000 members of the previous organization, including the organization and 0,000 members of the previous organization and 8,000,000,000,000 won or less than 0,000,000,000 won or less than 0,000,000 won or more than 0,000,000 won of the previous organization and 20,000,000 won.

8. 경까지 사이에 판시 범죄사실 기재와 같이 수유리파의 행동강령과 수괴, 간부 및 단순구성원으로 이어지는 조직체계 및 역할 분담, 상층부의 명령을 유기적으로 신속히 전달할 수 있는 비상연락망의 구축, 젊은 신규 조직원의 대거 영입, 선배의 명령이나 조직의 행동강령을 어기는 자에 대한 속칭 ' 줄빳다 ' 등을 통한 지휘 통솔체계의 확립 , 조직 근거지에서의 집단적 폭력 및 위력의 행사, 조직적인 폭력을 바탕으로 한 활동자금의 조달, 매월 조직원들의 10만 원 또는 20만 원의 조직 자금 갹출 ( 계좌입금 또는 현금납부 ) 이 이루어졌던 정황을 더하여 보면, 구 수유리파는 실질적인 지휘 통솔체계를 갖추지 못한 동네 폭력패거리 수준의 조직에 불과하였으나 2008. 8. 경부터 2009. 8. 경까지 사이에 폭력행위처벌법 제4조가 규정한 범죄단체로서 발전하여 성립하였다고 보이므로, 이 부분 주장은 받아들이지 않는다 .

2) As alleged in the above Defendant’s assertion, there is no direct evidence supporting the fact that Defendant Gangnam committed specific acts in the process of forming a hydropatha of criminal facts stated in the judgment.

However, even if a group of violence is different from a legitimate group in terms of its nature, it seems that the continuous association as a group is somewhat unstable, and the command system is not always clear inside and outside of the country, and the relationship between the members is formed in accordance with the special rules, and the power as a group or group is exercised, the group aimed at committing a crime provided for in Article 4 of the Punishment of Violences Act is divided not only into a group formed by a specific number of persons, but also into a minimum system that leads the group or maintains internal order (see Supreme Court Decision 97Do1829, Oct. 10, 1997). In light of the fact that the organization of a crime group needs to participate as a member of the group, Article 4(1) of the Punishment of Violences Act requires to take part in the composition of the crime group and its role as a member of the organization, the organization can be divided into two or more members of the general organization, and the organization can be punished as a member of the organization other than its constituent members of the criminal law.

It can be assessed as a constituent act.

According to each evidence of the judgment, Defendant Gangnam-gu became a member of the organization of the Gu hydropathm in 2006 or around 2007, and withdrawal from the hydropathm directly below the n, which is the behavior ledger, at the latest.

7. Around that time, he received the honorable treatment of c and equal level from c and hydrori wave researchers who had been in charge of hot pursuit in hydrori wave, and Defendant Gangnam-gu was detained on July 17, 2008, prior to the commencement of the formation of hydrori wave, and released from prison on May 16, 2009, but he was aware that not only the current officers of hydroriri wave but also the new members of hydroriri wave were members of the organization of hydroriri wave. Defendant Gangnam-gu, around January 2010, can find the fact that he collected the wnish number staff under his command to hold the Y’s discharge consciousness.

If there are some circumstances, the defendant's Gangnam is the time when the hydropa is composed of the hydropathm from August 2008 to 2009.

8. It is reasonable to view that he/she expressed implicitly his/her intent to participate as a member of a hydro-wave and plays a role in the formation of a hydro-wave by doing his/her act as a member. Therefore, this part of the assertion is difficult to accept.

2. Determination on Defendant Kim XX and his defense counsel’s assertion

A. Summary of the assertion

Although Defendant XX Kim XX recognizes the fact that is the cause of the hydrori wave organization, the facts charged regarding the crime No. 1 in its holding are as follows: “The time of the formation of the hydrori wave, which is a criminal organization, shall be sentenced to imprisonment with prison labor from August 2008 to August 2009 as a crime of violation of the Punishment of Violences Act (a group, deadly weapons, etc., injury) stated in the judgment, and the execution of the sentence was completed on January 20, 2006 x in the case x Kim x in the case x that the application of the repeated crime provision is put in a flexible state. The time of the hydroriri wave composition shall not be interpreted as around August 2009 when the composition of the criminal organization is completed, and the provision of repeated crime shall not be applied.

B. Determination

The crime of violation of the Punishment of Violences, etc. Act (organization, activity of an organization, etc.) due to the formation of a criminal organization is established immediately by forming an organization or group with the purpose of committing a crime prescribed in the same Act (see Supreme Court Decision 2005Do3857, Sept. 9, 2005). However, the crime of this case is established by nature only as a specific act of a specific time due to its nature, and it is not possible to commit a crime under the above Act, and a series of acts in the process of leading the organization or maintaining an internal order and keeping a minimum common command system to maintain order within the specific group under the common purpose of common purpose. It is reasonable to view that the crime of this single comprehensive crime is an act corresponding to the elements of a repeated crime even if the remaining crime was committed after the end of the period of a repeated crime. Thus, since the crime is wholly committed after the expiration of the period of a repeated crime, the crime of this case constitutes a repeated crime (see Supreme Court Decision 201Do14135, Mar. 29, 2012).

According to the evidence of the judgment, Defendant Kimx continued to act as a member of a hydrori wave even after August 2008, which was the time when a hydrori wave was formed among the members of a hydrori wave organization of the Gu, and Defendant Kim Jong x was present at the meetings of hydroriri recreation parks on two occasions x the fact that Defendant Kim Jong x was present at the meetings of hydroriri recreation recreation parks on two occasions, Defendant Kim Jong x at the time of convening the meetings, and that he was sent to D, which was the time when he called the sub-members of a hydroririririririririririririririririririririririririririririririririririririririririririririririririririririririririririririririririri, as stated in the facts of the above recognition. According to the above facts, from around August 2008, 2008, the time when hydroririririririririririririririririririri was formed formed.

8. Even if light, it is reasonable to view that a crime corresponding to the crime of violation of the Punishment of Violences, etc. Act (the composition and activity of an organization, etc.) due to organization of a criminal organization has been committed from August 2008 to January 19, 2009 during the period of repeated crime. Therefore, the above assertion is rejected.

3. Determination on Defendant XX and his defense counsel’s assertion

A. Summary of the assertion

Defendant XX is an assistant of hydrori wave, but the hydrori wave was detained on April 3, 2009, before the formation of a criminal organization was completed, and on January 31, 2010, the execution of the sentence was completed, and it was not possible to form a criminal organization, and there was no act regarding the organization of the criminal organization during the period from August 2008 to April 3, 2009, prior to being detained. Accordingly, Defendant is innocent.

B. Determination

According to the evidence of each judgment, the defendant room 】 (the defendant room 】 the defendant room x the defendant room 】 the fact that he joined the hydropathm before or after August 2008, which was the time when the hydropathm was started to be constituted as a crime organization 】 the defendant room 】 the fact that he attended a single set of meetings held in the Daepatho amusement park around August 2008 as a member of the organization of hydropathm (the defendant room x the defendant room x the defendant's membership x the defendant's membership before joining the hydropathm) as a member of the organization r. However, although he was not a member of the organization but was unable to attend the above meeting with the assistant's friendship, and even after she was not a member of the organization, she could not be admitted as a member of the organization from 00 to 200.3 of the members of the organization from 200 to 30.4 of the members of the organization from 208.

The reason for sentencing is that a criminal organization organized by its collective nature is highly dangerous and may cause serious damage to the majority of citizens, and it is inevitable to sentence sentence in light of the fact that the crime of this case was committed during the period of repeated crime. However, the sentence of this case is inevitable in light of the fact that all the defendants are against their own criminal act, the defendants are not subject to separate criminal act as a member of the criminal organization, the defendants' lecture and cooperation with the investigation such as arrest of other assistance officers in the case of the defendant, and the violation of the Punishment of Violences, etc. Act (Composition and activities of the organization, etc.) with the final judgment stated in all the criminal facts of this case and the violation of the Punishment of Violences, etc. Act (organization and activities of the organization, etc.) with the concurrent criminal relation under the latter part of Article 37 of the Criminal Act, by taking into account all the circumstances favorable to the defendants, other sentencing conditions in this case, and the order of community service as stated in Article 51 of the Criminal Act, and the probation and execution of the above sentence should be postponed.

The acquittal portion

1. Part on the part that Defendant Gangnam participated in the organization of a criminal organization with the head of the behavior ledger that is an executive officer

A. Summary of the facts charged

The defendant constituted a criminal organization that is a hydropath crime aimed at committing a crime provided for in the Punishment of Violences Act, such as the crime No. 1 as stated in the code of conduct.

B. Determination

1) The term "the head of an investigative agency" under Article 4 (1) 1 of the Punishment of Violences Act refers to a person who leads the activities of an investigative agency as head of a crime group. The executive officer refers to a person who leads the terminal members under the direction of leader (see Supreme Court Decision 2014Do1806, May 28, 2015). The defendant's statement that the defendant was under the direction of the investigative agency's command and behavior was under the command of the investigative agency, and that the defendant was under the command of the investigative agency's command and behavior was under the command of the investigative agency's command and behavior. However, it is difficult to find that the defendant was under the command of the investigative agency's command and behavior, and that the defendant was under the command of the investigative agency's command and behavior was under the command of the investigative agency's command and behavior.

The part does not have any evidence to conjecte it (such a crime has no record of being punished) and it is difficult to see that Defendant Gangnam participated in the formation of a criminal organization as an executive officer.

In light of these circumstances, it is difficult to recognize Defendant Gangnam as the executive officer of the hydropath, a criminal organization, and there is a lack of evidence to support it.

3) If so, this part of the facts charged should be pronounced innocent under the latter part of Article 325 of the Criminal Procedure Act for the reason that there is no proof of a crime. However, as long as it is found guilty of a crime of violation of the Punishment of Violences, etc. Act (organization and activity of organization, etc.) due to the formation of a criminal organization as a general assistance staff in the relationship between this part of the facts charged and the crime committed as a single crime

2. Violation of the Punishment of Violences Act (a group, deadly weapon, etc.)

A. Facts charged

Defendant Kim Jong-il, who was working on the spot by Do, 4, W, S, r, R, P, and r, and two under whose name was living on the wintered day from 008 to 02:0 on the same day. From 00:0 to 00, Defendant Kim Jong-ho, who was working on the child of Gangseo-gu, Seoul, and on the ground that the victim Kim Jong-ho (52 years old) met D, who was called on the wharf of hydrori wave, was called on the part of the trillion staff and directed the victim to take a retaliation against the victim, and D, who called on the part of the trillion staff and called on the victim, called on the part of the next day, and called on the victim under the direction of convening the meeting, D, which was called on the part of the defendant Kim Jong-su, D, 4, W, S, r, r, r, and r assaulted on the part of the victim and the victim's staff by force.

B. Determination

1) Defendant Kimx appears to have attended the public trial of the instant case No. 2010Kahap412, which was tried as a witness by combining the members of a hydroopa in combination with the above facts charged and assaulting Kim Jin as stated in the facts charged, and argued that Defendant Kimx had consistently been present at the public trial of the instant case No. 2010Kahap412, which was tried as a witness, and that there was no fact that he had been involved in the assault since he had already been tried to the effect that the assault had been terminated and the situation had been arranged, and there was no fact that he had been actually involved in the assault since the completion of the assault.

2) We examine the following circumstances: (a) 4 and W, who were punished as an assault as stated in the above facts charged, stated that Defendant Kim XX was at the scene of the instant assault; (b) but they stated that Defendant Kim XX was at the site of the instant assault; (c) 1 did not make any statement about how Defendant Kim XX specifically served in relation to the assault of the victim in addition to the statement that Defendant Kim XX was at the site of the instant case; and (d) 4 were the same as Defendant Kim XX of the room during which the assault was committed; and (c) the statement was made to the effect that Defendant Kim XX did not assault the victim; (d) Defendant Kim XX testified was given testimony at a trial on W and B, and even without conducting an investigation on the victim Kim J, it was difficult to dismiss the part of the instant charges on the ground that there was no other specific evidence to support the Defendant Kim XX’s role in the assault against the victim.

3) If so, this part of the facts charged against Defendant Kim XX constitutes a case where there is no proof of crime, and thus, a not-guilty verdict is rendered pursuant to the latter part of Article 325 of the Criminal Procedure Act, and a summary of the judgment is publicly announced pursuant to the main sentence of Article 58(

The presiding judge shall become effective as a judge.

Judges Park Tae-san

Judges Cho Jae-sung