The elements of organization of crime groups

an organization which aims to commit a crime shall be a continuous combination formed under the common purpose of which many and specified persons commit a specific crime, and shall have the minimum leading system leading such an organization.

Article 114(1) of the Criminal Act

Defendant

Prosecutor

Seoul Criminal Court Decision 77No4780 delivered on July 28, 1977

The appeal is dismissed.

The prosecutor's grounds of appeal are examined.

However, even if the records of the case are authentic, it does not seem that there is evidence that the defendant had been leading and leading four persons, such as the defendant 1, etc. at the court below's opening of the case in this case, and the organization whose purpose is to commit a crime under Article 114 (1) of the Criminal Act is to establish a minimum leading system leading the organization, which is a continuous combination with the common purpose that many and specified persons commit a certain crime. Further, the defendant and four defendants at the court below stated that the defendant did not have sufficient evidence to acknowledge that he was equipped with a leading system of a crime for the purpose of gambling, which is a crime group for the purpose of opening gambling, and therefore, it shall be deemed that there is no evidence to prove the criminal facts. It is not a legitimate legal interpretation, and there is no error of law by misunderstanding legal principles or misunderstanding the rules of evidence, thereby violating the rules of evidence.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Hah- Port (Presiding Justice)