2016 Highest 1327, 2017 Highest 4 (Joint)

(a) Violation of the Punishment of Violences, etc. Act (the composition and activities of an organization, etc.);

(b) Special assault;

(c) Violation of the Narcotics Control Act;

(d) Violation of the Aggravated Punishment, etc. of Specific Crimes;

(e) Violation of the Road Traffic Act;

1. A.

2.(a)(c)(d)(e)(B);

Final leather, type of promotion (prosecution), and trial;

C. Law Firm

Attorney D (for the defendant)

May 1, 2017

Defendant B shall be punished by imprisonment for one year.

30,000 won shall be additionally collected from Defendant B.

Defendant B shall be ordered to pay an amount equivalent to the above additional collection charge.

The charge of violation of the Punishment of Violences, etc. Act (the composition and activities of organizations, etc.) among the charges against Defendant A and Defendant B shall be acquitted. The summary of the acquittal part in the judgment shall be published.

Criminal facts

"2016, 1327"

【Criminal Power】

On April 7, 2011, Defendant B sentenced Defendant B to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. (fence) at the Incheon District Court on April 7, 201, and completed the execution of the above punishment on February 24, 2012.

【Criminal Facts】

1. Special violence;

Around 05:00 on November 10, 2013, F, who was an employee of the previous "Emph", was engaged in a fighting with G and fighting, who was the seat of Defendant B, in front of the office of Gangseo-gu Seoul, Gangnam-gu, Seoul, and the case occurred where the face of the above G was knife and the escape occurred.

In order to catch F, the above defendant brought knife (one name 'Maspo-kin'), which is a dangerous thing to H, and carried knife in clothes, and left the victim (34 years of age) who is the close of F, in front of the exit of the river basin 5, Gangnam-gu, Seoul, Seoul, on the same day, around 09:30 on the same day. The above defendant got aboard the back of the victim's vehicle after the victim arrived at the above place.

위 피고인은 위 일시 및 장소에서 운전석에 앉아 있는 피해자에게 미리 준비한 회칼의 칼날을 보여 주며 "조금 전에 싸움이 났는데 F하고 해결을 해야 하니 F 있는 곳을 빨리 말해라."라고 말하고, 피해자가 F의 소재를 모른다고 대답하자, 피해자를 차에서 내리게 한 뒤 피해자에게 "이 씨발 새끼야. 알면서 왜 모른다고 지랄이야."라고 욕설을 하며, 발로 피해자의 양쪽 정강이 부분을 2회 찼다.

Accordingly, the above defendant carried a knife, which is a dangerous object, and assaulted the victim.

2. Violation of the Narcotics Control Act;

Although Defendant B is not a person handling narcotics, he dealt with the psychotropic drugs-related Mesofts (one philophone; hereinafter referred to as “philophones”) as follows.

On November 24, 2016, the above Defendant: around 08:30 on November 24, 2016, 2016: (a) putting about 0.02g of psychotropic drugs for one-time medication into a single-use injection machine and dilution with psychotropic drugs, within a food tank (K) located in the Defendant’s house parking lot located in the Gangnam-gu Seoul Metropolitan Government building Defendant’s office; and (b) injected them once in one-time manner.

[2017Gohap4]

Defendant B is a person who is engaged in driving a LAF car.

Around 22:30 on August 10, 2016, the above Defendant driven the above vehicle and proceeded along the three-lane road of the Bog-do 42-ro, Gori-si, Gori-si, in accordance with two-lanes from the intersection to the New-dong, Seoul. At night at the same time, the vehicle driver had a duty of care to secure and proceed with the safety distance to avoid the vehicle when the vehicle stops. In that sense, the vehicle driver had a duty of care to ensure the safety distance to avoid the vehicle when the vehicle stops.

Nevertheless, the above defendant neglected this and did not avoid the difference of the cargo of the victim, which had been stopped due to the failure to stop due to the negligence of the preceding vehicle, and received the back part of the cargo loaded by the victim in front of the defendant.

Ultimately, the above Defendant, by negligence in the above business, sustained injury to the victim, such as light dynasium in need of treatment for about two weeks, and at the same time, the repair cost of KRW 2,970,568 was destroyed to the extent that the victim was damaged, and escaped without immediately stopping the vehicle and taking necessary measures, such as providing relief to the victim.

Summary of Evidence

"2016, 1327"

1. Defendant's legal statement;

1. Each police interrogation protocol of G and H:

1. Each police statement made to I and F;

1. Records of police seizure, list of seizure, photographs of seizure and search, and photographs of seized articles;

1. A report on the collection of simplified narcotics reagents, the results of simplified narcotics test tests, and the results of preliminary tests on narcotics;

1. Investigation report (Attachment of written opinions on assaults against knife using knife, which is a deadly weapon between F and 0-frequency staff members G), investigation report (the arrest of a suspect and the suspicion of narcotics);

1. Previous convictions: Criminal records and investigation reports (verification of the period of repeated offense B - Status of confinement of individuals);

"2017 Highly 4"

1. Defendant's legal statement;

1. The police statement of M;

1. Medical certificate, certificate of origin, and receipt of medical expenses;

1. Written estimate;

1. Application of Acts and subordinate statutes to screen pictures by means of a traffic accident report, accident site, photographs, such as a harming vehicle, damaged vehicle, etc., taxi photographs boarding a suspect's site, or image recording device of a vehicle installed with a damaged vehicle, to capsize the damaged vehicle, or to caps of video recording device of a vehicle operating in an insurance company site;

1. Article applicable to criminal facts;

Articles 261 and 260(1) of the Criminal Act (the point of special assault), Articles 60(1)2, 4(1), and 2 subparag. 3(b) (the point of a philopon medication) of the Narcotics Control Act, Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act (the point of a failure to take measures after an accident)

1. Articles 40 and 50 (Punishment a person who commits a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, a violation of the Road Traffic Act, a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific

1. Selection of punishment;

Each Imprisonment Selection

1. Aggravation for repeated crimes;

Article 35 (Special Violence) of the Criminal Act

1. Aggravation for concurrent crimes;

The punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be aggravated for concurrent crimes with punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, which is the largest

1. Additional collection:

The proviso to Article 67 of the Narcotics Control Act

[Calculation of Surcharge] 300,000 won (Wilphone purchase price) with respect to the crime of violation of the Act on the Control of Narcotics, etc. (fluoring) in 2016Da1327, supra

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment for one year to 45 years; and

2. Application of the sentencing criteria (limited to the lowest limit of the recommended punishment applied to the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the crimes of violation of the Road Traffic Act (Non-accidents) at the time of marketing, and the crime of violation of the Road Traffic Act (non-accidents) are in a mutually competitive relationship, and the sentencing criteria are not applied since the sentencing criteria are not set for the crimes of violation of the Road Traffic Act (non-accidents).

(a) Second offense (Violation of the Act on the Control of Narcotics, etc.) ;

[Scope of Recommendation Form] Basic Area of 3 Types of Medication(Monob items (b) and (c) such as medication and simple possession (ten months to two years of imprisonment)

【Special Convicted Person】

[General Persons] Same criminal records (not less than three years but not more than ten years of suspended execution)

(b) Second crimes;

[Extent of Recommendation] Class 6 (Special Violence) (Aggravated Habitual Assault) Punishment Area (Aggravated Assault from April to February)

[Special Mitigation] Ad Hoc (including serious efforts for the recovery of damage)

[General Sentencing] Voluntary reflectivity (Mitigation) and repeated crimes of different species (Aggravation)

* The scope of final sentence due to the aggravation of multiple crimes (the upper limit of crime 1 + the upper limit of crime 1/2): Imprisonment in 10 months to 2 years.

3. Determination of sentence: One year of imprisonment; and

As to the crime of this case, the defendant recognized his mistake and reflects in depth, and the defendant has been convicted of having committed a crime of special assault up to 12 times by mutual consent with the victim of the crime of special assault, imprisonment with prison labor, fines, etc. In particular, the crime of special assault is a crime committed during the period of repeated crime, and there is no agreement with the victim of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes). The crime related to narcotics is significant in terms of social harm, and the defendant's age, occupation, character, personality and behavior, family relationship, the circumstances after the crime of this case and all of the sentencing conditions specified in

The acquittal portion

1. Summary of this part of the facts charged

【Aggravatedity of Criminal Organization】

A. The history of "absect"

1) Composition of an existing crime organization's "Empha"

In the 1980s, along with economic growth caused by the redevelopment in Gangnam-gu in Seoul and Seongbuk-gu in Seoul, and the Seongbuk-gu in the 1980s, the Pilday in Gangnam-gu in Seoul, and these entertainment establishments are malicious, and these entertainment establishments are habitually taking care of the protection expenses and the money and valuables for the contribution of farmers who contributed to the establishments, and in February 1987, the "Wmmm" was organized by "Wmm", but two S are bound by the heavy control of investigation agencies, and the "Wmmmm" was committed by S to the United States after the release.

Since the 1990s, T, which was the wharf of ‘W', had engaged in violence by putting together several times of violence, 'Emph'. However, in 199, a large crackdown from the Seoul Central District Prosecutors' to Emphy against Emph in 199, many kinds of violence, such as T, are detained, and the wharf V, along with part of the violence he had followed, escaped to Japan by August 2008, 'Emph' was in line with the body of the organization.

On August 208, 2008, Emph passed a resolution on the reorganization of the organization and the formation of a criminal organization, which was the date of T's release, and the preparation work of the "Emph" of the existing criminal organization was conducted in line with the September 2, 2008, which was the date of T's release.

(2) the arrest and rescue of the existing criminal organization;

On August 2008, "Emph" attended most of its members, and took part in meetings for unity and unity of the organization, such as holding a meeting for the unity of the organization. In order to expand the organization, new members of the organization were recruited, and the preparation necessary for the organization of the crime organization was completed, such as the code of conduct and preliminary education for union members, and the operation of a dormitory for the immediate response system, i.e., the operation of a training camp for union members, and then the "Emph" was organized, which is a criminal organization provided for in the Punishment of Violences, etc. Act through formation forms, and these members committed crimes such as violence, threat of force, excessive reception of money and valuables, illegal business, interference with business, etc. while leading the P.

On April 2010, Seoul Dobong Police Station took a major control over the crime of ‘frequency', and at the same time, the police officers, including the two trees T, and most of the core staff were arrested. As investigation into the members of the police station even after release, including the appointment and management of the organization under the control of the National Police Agency, the investigation into the members of the police station was continued, including the appointment and management of the organization under the control of the National Police Agency, most of the members of the police station were to withdraw from the organization and make their lives, and the 'Emph' of the crime organization was excessive due to the long-standing depreciation of the core staff members such as the two trees wharfs.

3) Resolution on the formation and purpose of the 's dissolution of a crime organization'

With the control of the police, some withdrawing officers such as X andY, who were subject to suspended execution due to their cooperation in the investigation at the time of detention and reduction of number of executives including two trees T, attempted to make a life of violent force forming a group by entering Gangnam-gu Polol P, Gangnam-gu, and trying to make a life of violent force by taking them into the existing "Emph" staff. In the process of expanding the power, there have been a large and small number of Z and F, which are the organizational causes of the existing "Emph" organization.

○○ Maer X, Y et al. intended to mar the Pilty with the public tin, and found V residing in Busan as a big malk, and set up a new crime group with the old heart to find the existing Empha and find V as a new crime group, and then to form a new Empha for the purpose of causing entertainment for the new Empha (tentative name, 'AAAmpha', 'the two sub-items V').

4) The process of organizing the 'crime organization'

(A) the first preliminary resolution

around 10:00 on March 11, 2010, 13 persons, such as Y, AD, AE, AF, AF, AH, AI, AJ, AK, X, AL, AM, etc., start to Busan using three vehicles in order to have a preliminary consciousness in the 'AC' restaurant located in Busan Shipping Daegu AB, and 15 persons, in total, enter the 'AC' restaurant with N, A0, and 15 persons, who enter the rest area of the middle and middle Highway, will enter the 'AC' restaurant with 2 items V, and I would like to enter the 'breme thickness', 'Is great dyke (V).', and 'Iskn' to make sure that you are able to drink.'

(B) the second preliminary resolution

On March 11, 2010, around 19:00, at the 'AP' restaurant located in the Jung-gu Busan, Y, AD, AE, AF, AG, AH, AI, AK, X, AL, AM, AM, N, AO, etc., where 16 persons, including V, Y, AE, AE, AE, X, AM,N, and X, gather a large amount of gys (V) coming into Seoul (P) and go out of the line, and they believe that A was "highly damaged.......................", Y well believe that A was "highly damaged.............."

C) Formation of “A” section

After the first and second preliminary relative types of force as above, the previous 'Emph' officers were divided into two T T T T-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p

On May 2012, 2012, 12:00 on the lower 12:00, 2:5:00, 5:00 from 'BA' restaurant 'BA'; 10 or more persons, such as AY, from 10 and 10 persons, such as 10 or more persons, from AO AV from Dobong-gu, 3 persons, such as Gyeonggi-gu AV from Gyeonggi-gu, 2C, from Hacheon-gu, 2E, and BF, 50 or more persons, including the group members, share their roles and duties and share their duties, and the order of deceptive scheme among the members of the organization refers to each other in the order of age, and if the executive members are ordered by the executive members, they establish a system of command and punishment of the organization or have difficulty in achieving the purpose of violence or interference with the operation of the organization through mobile phone in order following each period, and if there are many members of the organization and its punishment for violence or interference with the operation of the organization, etc.

(b) A system for direction and command of "a radio wave";

To maintain the command chain system inside the ○○ Organization, V, wharf X, AY, BB, adviser AW, BG, and AU, etc., are equipped with a mobile phone-based contact system with each other, and are equipped with a communication system leading to BI, AL, BJ, A, BK, BL, H, BM, G, BN, BP, AI, and AJ in order to ensure prompt collection of all the group members in the same order. Upon issuing an order, the command department or line has established a direction system by carrying out a method of transmitting mobile phones at each stage, and promptly delivering orders to the terminal members by using the mobile phone at each stage, while establishing a direction system by providing a systematic and strict control of the organization.

Representative examples:

On February 2, 2013, 23:00, in the main point of the “BR” located in Q, the two sub-paragraph V, in which the two sub-paragraph V were committed, were given a call-up order to the members AW, and the two sub-paragraph V, in the order of order, went into force by the behavior sub-committee BI, which first arrived at when the call-up order was given to the members of the group, exercised violence, and followed the members of the group arrive in the order of precedence, and led them to the other party to the other party.

On May 2013, 2013, the Dopon Park, Dopon 20:00, the Dopon Park, B, and the Dopon Park, issued an order to gather 30 or more researchers for the use of violence and force. BB, upon receipt of a successive order, ordered 6-7 vehicles to divide this fact into 6-7 vehicles and to gather BU for 2-hours, and provided 2-hours to the Dopon Dop on the Dopon Dop on the Dopon Dop on the Dopon Dop on the Dop on the Dopon Park. The Dop on the Dop on the Dop on the Dop on the Dop on the Dop on the Dop on the Dop on the Dop on the Dop on the Dop on the Dop on the Dop on the Dop on the Dop on the Dop on the Dop on the Do.

○ In addition, around 23:00 on the lower 23:0 on July 2013, 2013, the behavioral members BC was replaced with the criminal organization BW, and issued a call-up order to the GX, G, BN, and H as a mobile phone Cheongyang-ri, after being waiting in the atmosphere in the Gangnam-gu Seoul Metropolitan area, he was in the presence of the crime organization, and the behavior members were in the command system, such as putting together the place of the order and putting it over for fighting.

C. The financial system of 's dissolution'

After forming ○○ Criminal Organization's 'bailion', in order to secure the organization's operation fund, there was a bad conduct of business at the organization level or by using violence, such as reporting companies' fee, protection expenses, operation of gambling and game room, opening of gambling or gambling fund, etc., which is part of the funds to be punished, from time to time to time, and getting off the part of the funds to be punished, for each time, when necessary.BY was in charge of the organization's general affairs, and 10,000 won from early 10 years of age from the early 30 years of age or more from the early 10,000 won from the early 30 years of age or more from the early 10,000 won of the members of the investigation agency, so that the members of the investigation agency can feel out of the organization by preventing the use of the funds such as the attorney's fee and keeping in custody, etc., and the regular expenses of the members of the association, and the regular expenses of the members of the association.

(d)the code of conduct and internal rules of 'balym';

1) The Code of Conduct for ‘OP'

Although there is no separate internal rules in the “0m” documented, there is an example and code of conduct, etc. for vessel crew to turn on as organization members, and new assistant staff have received education from high-ranking staff.

The towing of ○○’s major vessel crew members shall be able to be able to see 90 degrees of Heat and she shall be able to see at all times at the end of the ship’s ship’s ship’s ship’s ship’s ship’s ship’s ship’s horse’s horse’s horse’s horse’s horse’s horse’s horse’s horse’s horse’s horse’s horse’s horse’s horse’s horse’s horse’s horse’s horse’s horse’s horse’s horse’s horse’s horse’s horse’s horse’s horse’s horse’s horse’s horse’s horse’s horse’s 90 degree

(2) the Corporation.

(ii) internal norms to catch lectures;

○ The subordinate officer of the staff set up a strict deceptive scheme, such as setting up a command and a ventilation system, in particular, by means of 'defluence' or ‘defluence', when intending to obey an order of vessel vessels and organizational discipline, and to leave or leave an organization, on the organizational level, and in particular, at the time of 'defluence' or ‘defluence'.

Representative examples:

On December 2, 2012, around 01:0, around 01:00, the CA, who was under the influence of alcohol, Y was in the influence of alcohol and Y, and Y was called Y, Y, BY, CB, andCC. BY had knife knife knife and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

0. On December 12, 2012, around 17:00 among the mid-term 17:00, the Choun-gu CD and the first floor lighting staff Y’s instruction was placed at the time of the emergency call-up, and, on the ground that there was no contact for the emergency call-up, there was no more than 15 members of the steering team who were instructed by the Y’s behavior commander, and that there was no 'the name at the time of the emergency call-up'.

○ On December 2, 2012, at around 23:00, in Gangnam-gu, Gangnam-gu, CD professionals’ accommodation, behavioral members conducted CH in order to take the discipline of later officers and brought about an Aluminium camping room in custody in a lodging room, and subsequently sought a cG, CE, CF, CY, BY, and B, which is a motive for a one-year period, carried out several visits. During that period, the CG, which was not good for a usual lusium, committed a defective assault, and then extracted from the organization.

○ On May 16, 2013, around 16:00, on the ground that the crew members of the first floor located in Gangnam-gu CI were able to take down the discipline of the steering staff members, the behavior party B made H, BX, and G up to the right angles, and then made them up to the right angles of 10 pucks, respectively.

On June 15, 2013, around 15:00, at the accommodation of the staff members of Gangnam-gu and the first floor, the behavioral party B laid down the BX at the right angle in order to take a cE, CF, and BY’s cE, and then down the BX at the right angle in order to take a vegetable of the steering staff BX, and then, the BX’s bX’s bX’s bX’s bX’s bX’s bX’s bX’s bX’s plbuck-out net was called “a

On July 16, 2013, 16:0 in Gangnam-gu CDs and the first floor staff accommodation, and on the ground that there was no example that the later steering staff B was personnel on board ships in the train, etc., the later steering staff B was called 'bucks at the time when BM was allowed to take off the zuckbucks.'

○ On July 15, 2013, around 15:00 on the lower 15:0, Macheon 1st, SJJ 200, Mancheon 1st, Mancheon 2C caused other Mancheon G employees to die with the camping net for the reason that Mancheon 2X did not receive his own phone, and Habbbbbbbbbs.

(e)the unity and partnership of 'bal wave';

(i) the operation of dormitories, training, and training of physical training;

The '0m' operated a dormitory in Seoul, Gangnam-gu, Seoul, the 3rd floor of the CK building in Gangnam-gu, the 3rd floor of Dobong-gu, the CI third floor of Dobong-gu, and the GJ in Gyeonggi Macheon-si, in order to use it as the place of "in accordance with or under a reduction of the 's length of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation.

○ From August 2013, 2013, accommodation was provided for 3 days in the Gyeonggi Yacheon-gun with a view to physical training with a view to a low level, such as routing and administering net fishing, mountain boom, satisfaction with a string, and so on. At night, the organization’s unity and cooperative spirit were promoted by preparing a drinking job at a single place to drink and drink music and have a long-term drinking time.

On July 15, 2012, around 15:00, in Gangwon-do, manufacturing staff Y, BH,CC, BY, BY, AI, AJ, CN, and CA gathered in a non-permanent restaurant, and after eating staff members for the introduction of follow-up staff, it was planned to have a stable in a cafeteria installed in a restaurant, and to have a string with researchers through physical training.

(ii) the event of release from prison and reporting new assistance personnel;

On August 18, 2013, after May 2012, 2012, 00:00:05, the formation formula of '○' was released from the maturity of the wharf X and the AL staff member AL at the Gangwon-do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do. The executive staff members decided to increase the affiliation as a violent organization by holding the event of release and exchange before the Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do na, which was the form of the Do Do Do Do Do 2013.

In order to conduct the personnel affairs of the vessel crew released from the prison, the new steering staff of the ○○ had string strings in the vicinity of the prison. The previous steering staff of the boys, who was released from the prison, she boomed to the place where the staff of the prison are located, she was drank." The former steering staff of the Hashed to the place where the staff of the prison, she had the new staff of the Y of the behavior group, she had the personnel affairs of the new staff of the Y of the 90th class, she was familiar with the 90th class, and her new staff members of the State, she was boomed to the 90th class, and hereded to the galth class? The AL had the staff members of the CO, who participated in the event by using the previous staff members of the CO, held a new staff member of the organization and the new staff members of the organization, who participated in the event.

3) On September 2012, 2012, up to 60 trillion won, 60 trillion staff members were gathered to the “CR” in Gangnam-gu Seoul Metropolitan City, Gangnam-gu. The number of 10 trillion staff members was set off to the following trillion staff.

In order to strengthen the unity and unity of ○○ researchers, in May 2012, 201, 'BA' was formed within the 'BA' restaurant near the CL amusement park located in the Gyeonggi Macheon-gun on May 2012 and prepared a new version of organization work that will be developed in the future in the future, with a focus on preparing a new version of organization work that will be developed in the future, it has been promoting and maintaining the unity and unity of operation staff by holding or supporting meetings such as the network, ceremony, and various contests from time to time in the organization level.

4) When there are various background surveys, etc. by light staff members, there was no personal and material support from the organizational group. The main method is that the executive staff members provided monetary support in the form of 's money', 's money', and 's money' and 's money', and the behavior-based assistant employees provided visitors, guidance, food, etc. at the field of light surveys.

representative examples;

On May 17, 2016, 'CT', located in Gangnam-gu CS, Gangnam-gu, Danbuk-gu, was present at the port of the port of the mother CU of the wharf TU, and the two V, advisers, behavior registers, acting representatives, etc., and the usually friendly organized violence vessels have led to the unity of force, force, city, and steering staff.

(f) Giving advice at a organizational level to persons who have resigned from office or retired;

The ○○ ‘spath' prevented the distribution of the organization and the escape from the organization by thoroughly educating and injecting the code of conduct for the lighting staff, and at the same time prevented the distribution and escape by taking violence against the believers and the deserters.

Representative examples:

○ On April 4, 2013, Y, along with other trillion staff members, committed a non-discriminatory act in the form of a pipe and a steel cB, upon being instructed by the other trillion staff members to kill or injure the Z(s). On April 4, 2013, Y: (a) was arrested by the diving staff member CB, refusing to do so; and (b) was towed by the camping and the iron crum.

○○ Action Book: (a) was in a hostile relationship with F of the existing “Emph” investigator F, who attempted to enter the area around 21:00 on May 2013, 201; (b) was instructed to engage in a “work” (collective assault) against F; (c) was falsely reported as if the BM or BX committed assault against F.

[Detailed Criminal Facts by Defendant]

[Defendant A, B]

Defendant A and B were living in the Gangbuk-gu P, Seoul, and were working as the acting team of the existing Emph. After the release of the existing Emph V, Defendant A and B thought to create a new violent group centered on V, along with V following the release of the existing Emph V. Defendant A and the 15 members, including X,Y, etc., were gathered on the 2nd restaurant of “AC” located in the Busan Shipping Daegu AB, Busan, on March 11, 2010, around 10:00. In that on that spot, Defendant A called “I drawing so,” and Defendant A had a large number of staff members of his sub-committee “I drawing so that I am out. I am out of the day I am out of the day I am out of the day I am out of the day I am out of the day I am out.”

On April 2010, in the course of the conflict between the existing Emph 2 T and the wharf V, most of the executives such as Emph T were detained in the Seoul provincial police station by the large crackdown on the existing Emph, and the existing Emph t T were over the past Emph.In accordance with the wharf V, X et al., which had followed the wharf V, tried to form a "mpha, a new violent group, a group of organizations that combined the group of organizations in neighboring areas, such as Emphs and AT and AV, focusing on V, in order to spread the P area.

From September 201, X recommended that "I will tell people who fit each other regardless of the case of P case", and around March 2012, X passed a resolution that the representatives of each region, such as X (P), Defendant A (P), CV (P), BE (P), CW (P), CX (AV), CY (AV), CK (P), and CZ (P) have a meeting, establish a new violence organization in which each region is combined with V as two sub-items, and have a position to manage each other in the future.

BB promised a 'BA restaurant' in the Z in Gyeonggi Spocheon-si, through DA, to create a place in which she can gather her bsman and manage her bsman after the Hab, 2012, May 201.

On May 2012, 50 members of Seoul, AV, AX, Spocheon Regional Representatives and 50 members of organized violence in each region including Defendant B were gathered on the “BA restaurant” and opened the faces of each other at the entrance of the restaurant in the order of age and age among the assistant members, and opened the west in the order of age, and personnel took charge of all of the assistant members in the order of age and name from the line at the place where they are seated. After the introduction of all of the assistant members, X was ambiguous and well-known in the order of age and name. The introduction of all of the assistant members "A big form (b) V." The introduction of this is combined so that the face of each other is well-known, and the AY also constitutes a "crime group".

As a result, the Defendants conspired with X-B to form a 's strike', which is a criminal organization.

[Defendant A]

- Money and other valuables for the continuation and maintenance of a criminal organization;

A. From May 2013 to September 2013, the Defendant: (a) received money and valuables worth KRW 100,000 to KRW 200,000 per month from the Pool to the bank account in the name of the Defendant’s management, and managed the money and valuables from the Pool X, BE, BB, AY, etc. for the purpose of paying the maintenance expenses for accommodation of 0-frequency staff members from the Pool P of Gangnam-gu Seoul Metropolitan Government P from May 2013 to 00.

As a result, the defendant collected money in collusion with X-B for the purpose of maintaining the existence of "a crime organization".

B. Around September 2014, the Defendant recruited money and valuables from Gangnam-gu P to the Seoul Northern-gu P to the effect that “A, in the process of internal investigation, is in the process of internal investigation into the organization in Seoul Northern-gu, Seoul, there is a person who is able to complete the instant accident. It is necessary to be a police officer. It is necessary to take expenses.” The Defendant collected money and valuables of KRW 1.8 million from B, and thereafter recruited money and valuables of KRW 4 million from CY, and collected money and valuables from AK.

As a result, the defendant collected money in collusion with X-B for the purpose of maintaining the existence of "a crime organization".

[Defendant B]

around 00:05 on August 18, 2013, the event of release and the reporting process of new trillion staff members were released from prison at the expiration of the existing Emphian at the original prison of Gangwon-do, and the executive staff members, such as X and Defendant AY held the event of release and re-determination of AL before the original prison of Gangwon-do and the report process of the new staff members of AL who were newly enrolled in other areas, and decided to see the status as a violent organization and to enhance the sense of belonging to the assistant members.

The chief staff, including the Defendant, received uniform uniforms and stacks from the new staff under the pretext of being able to do so for the worships released from the prison, and transferred 25 trillion staff to the original prison on the tourist bus. The chief staff, who arrived at the front of the original prison, was flickly flick around the emotional, and the staff of the senior executive staff, who flicked to the place where the staff of the AL was released from the prison, was flickly flick, and the AL was flicked. The senior staff of the elderly flick flick flick flick flick flick flick flick flick flick flick flick flick fld flick fld fld fld fld fl fld fl fl fl fl fl fl fl fl.

As a result, the defendant acted in collusion with X, etc. to maintain and maintain ‘a crime organization'.

2. The gist of the Defendants’ lawsuit

① There is no fact that the Defendants were engaged in the activities of a criminal organization in the past, but there is no fact that they formed a new criminal organization called â……………………………§ 'the crime group' with â……………

② Defendant A: (a) was landed to Busan around March 11, 2010; and (b) was having a meal place in the restaurant “BA” around May 201, 2012; (c) however, it cannot be viewed as a preparatory group, organization form, etc. of a criminal organization.

Since then, Defendant B attended the release ceremony of AL’s prison, which was an employee of “Emph” on August 18, 2013, and had a place of meals. However, this is merely for promoting friendship among the past young people, and since there was no act, such as setting a code of conduct in the above-mentioned format and setting the order of the lighting staff, the above gathering is not aimed at maintaining the existence of the criminal organization.

(4) The Defendants, from P to P for a long time, have lived together with organized life in the past “Emph” or have been living together with the post-school line or the post-school line in terms of age, and did not have any operation of the criminal organization, raising funds for activities, or organized activities of the criminal organization as stated in the facts charged.

3. Relevant principles and standards for recognition of crime organizations;

A. In light of the fact that a group of violence is different from a legitimate group, and therefore, even if it appears that the chain of association is somewhat unstable due to the characteristics of the group, and that the chain of association is not always clear inside and outside of the country, the relationship among the members was assembled in accordance with the discipline of the group and the power as an organization or group has been exercised, and even if it appears that the relationship between the group and the members was formed by a command pursuant to the regulation of their peculiar oil, the group's purpose of crime under Article 4 of the Punishment of Violences, etc. Act is to have a minimum common system that leads the group or maintains internal order as a group of groups organized by many specific persons under the common purpose of committing crimes prescribed in the above Act (see, e.g., Supreme Court Decisions 200Do4089, Oct. 29, 2008; 200Do4279, Oct. 29, 209).

B. The organization of such criminal organization refers to the formation and establishment of a new criminal organization. Thus, in order for an existing criminal organization to constitute a new criminal organization by using an existing criminal organization, the organization must be reconstructed in the situation where the existing criminal organization is dissatisfyed or dissatisfyed, or a separate criminal organization that is separated from the existing criminal organization, or by absorbing or integrating another criminal organization, the organization of the existing criminal organization should be fully changed and recognized as a separate organization that has no identity with the existing criminal organization (see, e.g., Supreme Court Decision 2009Do1274, Jun. 11, 2009).

C. Considering the contents, form, legislative purport, type, degree of punishment, etc. of 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, etc. conducted by the internal discipline and communication system of the criminal organization, etc., and the degree of contribution corresponding to those under Article 4(3) and (4) of the Punishment of Violences, etc. Act. Furthermore, whether a specific act constitutes “activities” as a member of a criminal organization, etc. shall be determined practically by taking into account the specific circumstances such as the date, time, place, and contents of the act in question, the motive and purpose of the act in question, the relationship between the person who made the decision and the offender, and the process of delivery of the intent. Thus, even if multiple members participate, it cannot be deemed that the act in question constitutes 100 or more passive meetings such as participating in a collective decision-making, or collective meetings such as the leader or leader of the criminal organization, etc., etc. (see, 200 or 17.).

D. The above crime organization can be somewhat different for each actual organization, but generally, ① the purpose of acquiring interest coupons or economic benefits by means of a strike of leading power or violence around the world of violence, ② the division of organization system and roles leading to the leader, executive members and simple subscribers, ③ the raising of activity funds based on organized violence, ④ the preparation of various lethal weapons and the establishment of emergency communication network necessary for the fighting with competition power or the exercise of force for the right of representation, ⑤ the holding of collective life and collective communication network for the training of steering staff and the strengthening of unity, 7 retaliation against those who deviate from the organization, 8 fighting with competition force, collective violence or force exercise at the place of organization foundation, etc.

4. Determination

A. Whether an organization was formed of a criminal organization called "frequency"

According to the evidence duly adopted and examined by the court below, it is recognized that the defendants met with the defendants in this court 2016 high-level 1040, 2016 high-level 1065 (combined), and 2016 high-level 1164 (Consolidated) together with the defendants AY, CV, BE, X, and B, who are the defendants of this case, with meals or drinks frequently entering the P area, and attend the meeting with Gangwon-do and Gyeonggi-do. In the process, some of the Defendants or the defendants were involved in violent incidents. However, considering the size, character, and activity contents of the group established with the defendants and the defendants, it is difficult to view them as crime organizations under Article 4 (1) of the Punishment of Violences, etc. Act, rather than that, in light of the above circumstances, it is difficult to view them as organizations established in the process of organization or crime group or organization, or organization of the existing Emphs and employees did not reach the organization or organization of Emphs.

1) The issue of probative value of the evidence relevant to the facts charged

A) CG, CB, AE, and BX were organized by an investigative agency with the criminal organization called the Defendants’ 's 's 's 's 's 's 's 's 's 's 's '', and made statements to the effect that they correspond

B) In the instant facts charged, the premise that “Emphs” officers in the previous Emphs are divided into two T T T T and wharf V conjection forces, and their mutual relationship has deepened. However, most of the persons who made a statement to the purport that correspond to the instant facts charged in the investigation agency are those who are in the ability opposite to the Defendants in the existing Emphs, or those who had a hostile appraisal with the Defendants, or those who were engaged in the Defendants, and such statements alone cannot be recognized as having formed and joined the Defendants’ organization of crimes.

2) As to the name of 0 waves and the overall substance thereof

A) According to the statements, BY statement (2016Dahap1327 evidence record 1°28 pages), etc. of some witnesses who correspond to the above facts charged, the above witness and the BY et al. stated to the effect that the above witness and the BY et al. constitute 0 wave as a new organization by newly entering the outside person in the year 2010 where they were sentenced to imprisonment with prison labor and the organization of the former Emph 2 T or other trillion staff and the organization of the former Emph 2. It seems that they made a statement to the effect that they correspond to the above facts charged, and that they made a concrete statement about the 0m name and its organization circumstances.

B) However, with regard to the name of 0 wave, the above BY was active in a criminal organization that is engaged in activities in the investigative agency at the “P,” and the name of the organization was not determined by the breabbbbb, and it was stated that BB was also called 's dissolution' in this court, and that it was difficult to understand that BB was first done by the investigative agency.

On the other hand, with respect to V, which is classified as the second title of 0m in the investigation process of the instant case, there is no difference between the facts charged of the instant case, namely, the 0m structure and activities.

C) In full view of each of the statements above, the organization’s two titles were not accurately known of the organization’s name, and the organization’s two titles were not investigated about the organization and activities of the organization. It is not easily acceptable in light of the organization’s operation and activities. In addition, according to the statement of most witnesses, it appears that according to the statement of most witnesses, they first heard the name of “0 m” at the investigative organization, and the list presented to the suspected persons at the investigative organization was expressed along with the photo. The circumstances leading up to the organization’s identity by placing the suspected persons at the investigative organization, including the fact that the organization’s name was specified as about 40 persons except the Defendants, and the fact that the investigation agency did not conduct any case or investigation even if there were actual existence of the organization’s name, it is doubtful that all of the specific investigators at the investigative organization can be seen as 0 mphs.

3) As to the direction and command system of 0 waves, code of conduct and internal norms

A) According to the record of BY statement (2016 high Gohap1327 evidence record 1st and 28th e.g., evidence record), it seems that “If the above ships issue orders through Y, Y issued instructions, Y’s immediate delivery to the next machine was transmitted, Y’s command system as stated in the facts charged in the instant case was prepared.”

B) However, according to the records of this case, most of the persons who are called members of the strike are members of the existing Emph, or persons who are members of the P region, and have become aware of the fact that they were residing in the middle and rear line with each other in the region of origin. In the process, as they formed a relationship of pre- and rear line in the order of natural age, the latter seems to have been equipped with an example, such as taking a person in good faith against the ship, etc., and do not seem to have performed such act. Furthermore, the code of conduct shown in the facts charged is not only different from the code of conduct of the organization widely known, but it is difficult to readily conclude the above order as the code of conduct by the strike, considering that there is no special education about its contents. The evidence submitted by the prosecutor alone does not establish a close relationship with the members of the above organization, and there is no sufficient evidence to acknowledge that there was a relationship between the members of the organization, as a criminal organization, and there is a lack of contact with the above organization.

Moreover, there is no evidence to prove the specific role and activity of the V, which is called the 0m heads in the investigation agency, in light of the organization's structure, it seems that there is considerable case in light of the organization structure of the general criminal organization in light of the fact that the organization's activities are not specifically specified.

4) As to the operation of a 0-frequency accommodation and fund raising

A) According to the internal investigation report(2016 Mada1327 evidence records) (2016 Mada1327, BY statement(24 ) and records of statement(2016 Mada1327 evidence records No. 1327) it is recognized that, among the 0-frequency staff members, the 0-frequency staff, or the 15-year crew members were placed in the 15th place of the 20th place of the 20th place of the 20th place of the 20th place of the 20th place of the 20th day of the 20th day of the 20th day of the 20th day of the 20th day of the 20th day of the 20th day of the 20th day of the 20th day of the 20th day of the 20th day of the 20th day of the 20th day of the 3th day

B) On the other hand, in this court, witness B did not have any fact that she had a son living in the room while operating the room, and only had a staff member who had a sing and post-sing relationship with she provided a lodging room in AT. From 00 p.m., she did not take a certain amount every month for the purpose of paying expenses for accommodation maintenance, food expenses, event expenses, director expenses, etc. The investigative agency stated that she did not know the fact that she did not know that she did not know that she raised money and valuables necessary for the singing of her internal investigation from her officers, and that she did not answer that she continued questioning at the investigative agency about her fact that she did not know that she did not know that she would have raised money from her steering and raising funds. It stated to the effect that this case’s facts were contrary to the facts charged.

C) According to the above witness BB’s statement and the records of this case, only some of the persons identified as 0-frequencys temporarily gathered and resided in the PP studio, etc. The whole or most of the above assistants did not appear to have worked in the camp. Moreover, the vessel vessel’s partial subsidization of operating expenses of the above accommodation appears to have been an individual or voluntary activity rather than a support from the organization level. Therefore, it is difficult to recognize that the lodging house as stated in the facts charged was well-known by the organization that was used for the purpose of preventing the escape from the organization and the members from joining the organization, and by forming the organization’s ability through collective life.

In addition, although some of the vessels have collected membership fees to raise the above accommodation operating expenses, there is no evidence to acknowledge the circumstances, such as that they have contributed money to voluntary will for the livelihood of the next generations, and that the contribution was enforced at the organizational level with funds for the operation of the organization.

5) As to the participation in the 0th rally, group ceremony, and competition, etc.

A) Around May 2012, 2012, BY made a statement to the effect that it corresponds to the facts charged by stating that X went to Gangwon-do in 2012 from an investigative agency (2016 Gohap1327 evidence records) that it was "I am to the same meaning as X was "I am to the same in the drinking place. I am to this effect. I am to say that we will come to this point. I am to this point. I am to this point. I am to this point. I am to say that I am to this point. I am to this point of view, but I am to this point of view, again I am to this point of view, I am to this point of view. I am to say that I am to this point of view, but I am to this point of view, I am to this point of view. I am to say that I am to this point of view that I am to this point of view that I 20 am was a witness in the above 20 am.

In addition, the above witness B stated in this court that "in relation to the release ceremony of the AL's prison in the past, the defendant was not present at the original prison together with the defendant A, but did not return the vehicle due to the occurrence of the event. The participation in the process of release was not forced, and it was merely an event due to human relations, and it was merely an event, but it was not forced to participate in a prior and subsequent meeting centering around the P area, but it was not forced to participate in that meeting."

B) In full view of the above statements, some of the members, including the Defendants, who were identified as the members of this e-mail, were in the form of group conference and meeting, marriage ceremony, and lock mashion, etc., were present at the competition survey. It seems that most of the members of the existing E-frequency or P area, who were aware of each other in the line or post-post of the school or area from the country, and were naturally paid back, and that they were present at the competition survey. The evidence submitted by the prosecutor alone is insufficient to recognize that the above exercise was used for the purpose of gathering the assistant members from the e-mail beyond the mere friendly e-mail, and there is no other evidence to prove otherwise.

6) Responses and retaliations to personnel engaged in worship and escape.

A) In general, a criminal organization is subject to considerable retaliation against members of the organization or members of the organization, who have left the organization or who are dissatisfied with the order of the organization, for the purpose of maintaining and protecting the organization. According to the evidence submitted by the Prosecutor, the fact of physical conflict between F, CA, CB, etc. among the members of the organization, including the Defendants, and the fact that F, CB, etc., is recognized.

B) However, when comprehensively examining the statements of the persons concerned who can be identified through the records of the instant case, a series of violence surrounding those who were designated as e-mailed officials is deemed to have developed personal disputes, and it is difficult to view it as a disciplinary action to take retaliation or to establish an organizational system against the e-mailed officials who were committed for the purpose of the e-mailed group or left away from the military service group.

(vii) Other circumstances;

A) The characteristics of a criminal organization are revealed in the course of fighting with competition forces surrounding the abuse of power by the leading power of the violent world or the abuse of power against entertainment establishments, etc. In light of the record, it is not recognized that all or most of the members of the 0th century were mobilized in a lump sum and used as a whole in order to escape from the leading power of the other competition forces and the violent world.

The facts charged in this case are assessed as follows: (a) on February 2013, 2013, the cases where 0mV 0m V was called up by investigators due to the organized violence and vision in the Young-gu area; (b) on May 2013, the cases where 2013, the members were mobilized by investigators to catch BU in the order of the president of the Association of the Association of the Bambbbb B; and (c) on July 2013, 2013, the cases where 2m V and BX, BX, BN, and H were compared with Doyang PP wave were assessed as organized activities in accordance with the direction and communication system; (b) on the other hand, there was no evidence that the above 'YPP' and G investigative agency participated in the case, which was contrary to the organization direction and direction of the game of this case, which was contrary to the organization direction and direction of the 1st century.

B) In addition, there are no circumstances such as that the Defendants participated in entertainment business, entertainment business, gambling business, corporate bonds business, etc. in a systematic manner in order to raise funds necessary for the maintenance and operation of the organization, or that the Defendants engaged in entertainment business by taking money and goods into account the pretext of business protection expenses, etc., and used them for the operation of the organization.

B. Sub-committee

Therefore, the above facts charged against the Defendants on the premise that the 0th frequency is a criminal organization under Article 4 of the Punishment of Violences, etc. Act are all cases where there is no proof of crime.

5. Conclusion

Therefore, since the facts charged against Defendant A and the facts charged against Defendant B violate the Punishment of Violences, etc. Act (the composition and activities of organizations, etc.) constitute a case where there is no proof of crime, the judgment of innocence is rendered pursuant to the latter part of Article 325 of the Criminal Procedure Act, and the summary of the judgment of innocence is announced in accordance with Article 58(2) of the Criminal Act.

The senior judge of the presiding judge;

Judges Shin Sung-sung

Judges Kim Gin-ho