Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

A. Regarding the violation of the Punishment of Violences, etc. Act (joint residence intrusion) among the facts charged in the instant case of mistake of facts, the Defendant did not have conspired to inflict upon E, etc. with regard to the charge of injury among the facts charged in the instant case, and there was no injury in light of the victim P as stated in the facts charged.

B. The sentence of a fine of KRW 3 million imposed by the lower court on the Defendant is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. In relation to the crime of violation of the Punishment of Violences, etc. Act (joint residence), a conspiracy is not required under law, but is a combination of intent to jointly process and realize a crime by two or more persons as a co-offenders who jointly process the crime. Although the process of the whole conspiracy does not exist, if the combination of will is made objectively and implicitly through several persons, then the conspiracy relationship is established (see, e.g., Supreme Court Decision 2011Do9721, Dec. 22, 2011). Article 30 of the Criminal Act is established by satisfying all subjective and objective requirements, namely, the commission of a crime through functional control based on the intent to jointly process and the intent to jointly commit the crime. Although some of the co-offenders did not directly share part of the elements of a crime, if it is acknowledged that a so-called functional control over the crime is not a mere person, but a so-called functional control over the crime is not a crime.

(see, e.g., Supreme Court Decision 2011Do2021, May 13, 2011). In light of the foregoing legal doctrine, the instant case was lawfully adopted by the Health Unit and the lower court.