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(영문) 대법원 1991. 12. 10. 선고 91도2569 판결
[범죄단체조직,폭력행위등처벌에관한법률위반][공1992.2.1.(913),559]
Main Issues

A. The meaning of the criminal organization under Article 4 of the Punishment of Violences, etc. Act

(b) The case holding that an organization organized to restrain the commercial transport of others for personal use and to exclusively transport them, has the nature as a friendship group and does not fall under a crime organization prescribed in the above Article;

Summary of Judgment

(a) The crime organization provided for in Article 4 of the Punishment of Violences, etc. Act means a combination of organized bodies with a continuous and minimum ventilation system, even though conducted by many specified persons for the joint purpose of committing any crime provided for in the same Act;

B. The case holding that it is difficult to recognize that an organization "A" organized by an organization that controls another person's private commercial transport and exclusively engages in transportation, which is for the purpose of private commercial transport, intimidation, etc., and that it is a group with command, order and obey system among its officers, and that it is characterized as a group of friendship among its members.

[Reference Provisions]

Article 4 of the Punishment of Violences, etc. Act

Reference Cases

A. Supreme Court Decision 90Do2301 delivered on January 15, 1991 (Gong1991, 793) 91Do51 delivered on May 24, 1991 (Gong1991, 1819) 91Do1270 delivered on July 26, 1991 (Gong191, 2281)

Escopics

B

upper and high-ranking persons

Prosecutor

Judgment of the lower court

Seoul High Court Decision 91No1287 delivered on July 5, 1991

Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal.

The crime organization provided for in Article 4 of the Punishment of Violences, etc. Act refers to a combination of organized bodies with a continuous and minimum command system formed by many and specified persons under the common purpose of committing a crime provided for in the same Act (see Supreme Court Decision 90Do2301 delivered on January 15, 191).

In light of the records, the court below's reasoning is that 7,8 persons, such as non-indicted C, D, etc., attend the meeting on a monthly basis and 7,000 won or 300,000 won, including the defendant, are admitted as 18 members, and the executive officers of the above A are not aware of the fact that the chairperson and the general secretary are present at the meeting of the members, and the general secretary are not present at the meeting of the members, and it is hard to recognize that the general secretary and the monthly membership fee are paid for expenses incurred by the members, expenses incurred by traffic accident disposal among the members, and only them are restricted, and that the chairperson and the general secretary are not aware of the facts that the members are free from their own interests, and that there is no violation of law by misunderstanding the legal principles as to the above facts that the members are free from their own interests, and that the members are free from their own interests, but they are not free from their own interests, and that they are free from their own interests, and that they are free from their own interests.

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

Justices Lee Jae-chul (Presiding Justice)

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