The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for two years.

The sentence of the court below (two years and six months of imprisonment) against the defendant in summary of the grounds for appeal is too unreasonable.

Judgment

We examine ex officio prior to the judgment on the defendant's unfair argument.

The organization or joining of a criminal organization is scheduled to act as a member of a criminal organization regardless of the implementation of a criminal act, and its activities as a member of a criminal organization are naturally premised on the formation or joining of a criminal organization. Thus, both parties can recognize the unity and continuity of a criminal's criminal act in that they constitute a series of preliminary and conspiracy processes for the formation, continuation, and maintenance of a criminal organization and fall under a series of preliminary and conspiracy processes for a criminal act, and are not different

Therefore, in a case where a person who forms or joins a criminal organization is more members of a group of crimes, this is an inclusive crime (see Supreme Court Decision 2015Do7081, Sept. 10, 2015). This is to be subject to the same legal doctrine as well as the criminal organization under Article 4 of the Punishment of Violences, etc. Act, or the criminal organization under Article 114 of the Criminal Act.

Therefore, the judgment of the court below that judged the crime committed by a criminal organization as a substantive concurrent crime is erroneous in the misapprehension of legal principles as to the number of crimes, which affected the conclusion of the judgment.

In this respect, the judgment of the court below cannot be maintained.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the judgment of the court below as to the defendant, on the grounds of ex officio reversal, and the following judgment is rendered through pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;