The meaning of "organization for crime purpose" under Article 4 of the Punishment of Violences, etc. Act.

The term "organization aiming at a crime" as provided in Article 4 of the Punishment of Violences, etc. Act means a continuously and systematically combined body formed by many specified persons under the joint purpose of committing a crime as provided in the same Act.

Article 4 of the Punishment of Violences Act

Supreme Court Decision 76Do340 Decided April 13, 1976

Defendant

Attorney Kim J-jin

Prosecutor

Seoul High Court Decision 78No921 Decided September 14, 1978

The appeal is dismissed.

We examine the prosecutor's grounds of appeal.

An organization whose purpose is to commit a crime under Article 4 of the Punishment of Violences, etc. Act refers to a continuously and systematically combined body formed by many and specified persons under the common purpose of committing a crime under the same Act. Accordingly, unlike a simple group of multiple persons, such an organization should have a minimum command system leading it (see Supreme Court Decision 76Do340, Apr. 13, 1976). According to the reasoning of the judgment below, the so-called "one case involving the defendant and his accomplice, and the non-indicted 1, 2, 3, and 4, etc., who are his accomplice, determined the method and the division of the act of the act of the crime, and therefore it cannot be deemed that the organization of the above crime group was organized. Accordingly, the records of the judgment below did not err in the rules of evidence or in the misapprehension of legal principles, such as the statement of facts due to insufficient deliberation, and there was no error in the misapprehension of legal principles, such as the statement of facts.

The issue is groundless.

In addition, this appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges pursuant to Article 390 of the Criminal Procedure Act.

Justices Dra-ro (Presiding Judge) Hah-Jak Port Port