The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

Punishment for B shall be determined by two years.

1. Summary of grounds for appeal;

A. Defendant A’s punishment is too unreasonable.

B. The lower court’s sentence against the Defendants on the prosecutor is too unhued and unreasonable.

2. Article 4(1) of the Punishment of Violences, etc. Act provides that an act of forming, joining, or joining, an organization aimed at committing a criminal act prescribed in such Act shall be punished. The legislative intent of this Act is to prevent the creation and existence of a criminal organization having the nature of preparation and conspiracy for such criminal act, regardless of whether a specific criminal act has been committed.

In addition, activities as a member of a criminal organization referred to in the above provision refers to an active act aimed at the continuation and maintenance of a criminal organization based on the systematic and collective decision-making based on the internal discipline and the command system of the criminal organization.

However, 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 the criminal organization. Thus, both parties can recognize the unity and continuity of the criminal's criminal intent in that they constitute a series of preliminary and negative processes for the formation, continuation, and maintenance of the criminal organization and the process of preparation and conspiracy of the criminal act.

Therefore, if a person who constitutes or joined a crime organization acts as a further member, this constitutes a single comprehensive crime.

(See Supreme Court Decision 2015Do7081 Decided September 10, 2015). Nevertheless, the lower court recognized Defendant B’s violation of the Punishment of Violence, etc. Act (the organizing activity of an organization, etc.) by joining a criminal organization and violation of the Punishment of Violences, etc. Act (the organizing activity of an organization, etc.) by constituting a criminal organization as a member of the criminal organization.