The meaning of an organization of crime under Article 4 of the Punishment of Violences, etc. Act

The term "criminal organization" as provided in Article 4 of the Punishment of Violences, etc. Act is a continuous combination with the common purpose of which many and specified persons commit a certain crime, and the members of the organization can be classified into a single and single-party class, an executive and a simple subscriber, and the organization corresponding to the deceptive scheme shall be equipped with a minimum leading system that can lead the organization corresponding to the deceptive scheme.

Article 4 of the Punishment of Violences, etc. Act

Supreme Court Decision 78Do2586 delivered on November 28, 1978, 87Do15 delivered on March 24, 1987

Defendant 1 and nine others

Each Prosecutor

Attorneys Ahn Jong-chul et al.

Seoul High Court Decision 88No3044 delivered on December 30, 1988

All appeals are dismissed.

According to the reasoning of the judgment below, as to the facts charged that the defendants constituted a criminal organization under Article 4 of the Punishment of Violences, etc. Act, the court below found the defendants not guilty on the ground that it was insufficient to recognize that the defendants formed a criminal organization with the substance of the above Act, and that the defendant 1 did not have any evidence to acknowledge that the defendant 2 participated in the crime at the end of February 198, 200 won from the non-indicted 1, which was the main owner of the crime, and that the members of the organization can be classified into the daily response, the executives, and the simple subscribers, and that the first instance court and the second instance court did not have any sufficient means to lead the organization corresponding to the deceptive scheme, and that the defendant 2 did not have any evidence to acknowledge that the defendant 3 million won was not guilty on the ground that there was no evidence to acknowledge that the defendant 1 participated in the crime, and that there was no evidence to find the defendant 2 not guilty on the ground that the court below's first instance court and the second instance court did not have any evidence.

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Yong-sung (Presiding Justice)