All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles (as to the activities of a criminal organization in the Soak field Park), the Defendant officially withdrawn from the "Para Sari Sari Sari," around October 2006, prior to the date of the charge.

B) On August 12, 2007, the Defendant: (a) was a ship of "Sara Switzerland" immediately after she wraped with "Sarari" E, etc. around 02:00.

He/she went to a dry field park under the contact of H, and was assaulted with the care to cause the problem from H, and immediately left the dry field park.

As can be seen, the Defendant was not a dry field park in order to prepare for fighting with the Sindog Park, but did not wait in the Sod field park from August 12, 2007 to 05:00 on the same day.

C) Therefore, as indicated in this part of the facts charged, the Defendant acted as a member of a criminal organization in the dry field park.

shall not be deemed to exist.

2) The sentence of the lower court (two years of imprisonment with prison labor) that was sentenced to an unfair sentencing is too unreasonable.

B. Prosecutor - The sentence of the lower court’s improper sentencing is too uneasible and unfair.

2. Determination

A. In full view of the contents, form, legislative purport, type, and degree of punishment under Article 4 of the Punishment of Violences, etc. Act, “activities” under Article 4(1) of the Punishment of Violences, etc. Act means active activities aimed at maintaining the existence of a criminal organization or group by a collective decision-making or by collective decision-making, and the degree of contribution is equivalent to those under Article 4(3) and (4) of the Punishment of Violences, etc. Act.

In addition, whether a specific act constitutes a "act" as a member of a criminal organization, etc. shall be the date, time, place, and contents of the act, and the motive, reason, purpose, and purpose of the act.