특수절도
The judgment of the court below is reversed.
Defendant
B Imprisonment with prison labor of one year and four months, imprisonment with prison labor of Defendant C, and one year, with prison labor of Defendant D.
Summary of Grounds for Appeal
The thief of this case was committed solely by A, and there was no conspiracy between A and the victim M with intent to steal the purchase fund for the thief of the thief of this case or participation in A’s thief of the thief of this case.
The sentence of unfair sentencing (all of the judgment below on the whole) (one year and four months of imprisonment, one year and one year of imprisonment, and one year and ten months of imprisonment) is too unreasonable.
Judgment
In the last sentence of the special larceny part of the facts charged in this case, the prosecutor held ex officio that "the defendants are combined with each other" was changed to "the defendants together with each other," and applied for changes in the indictment with respect to the defendants added "Article 30 of the Criminal Act" to the applicable provisions of the Act, and this court permitted this and changed to the subject of the judgment.
In addition, this part is in the relation of concurrent crimes under the former part of Article 37 of the Criminal Act with the remaining charges against Defendant D, so the judgment of the court below is no longer able to be maintained.
However, the Defendants’ assertion of misunderstanding of facts about the special larceny among the facts charged in the instant case is still subject to the judgment of this court, and this is examined.
In order for a joint criminal to establish the legal principles related to the determination of mistake of facts, it is necessary to share the act of implementation as an objective requirement. However, the conspiracy is not required under the law, and it is not required to demand a certain form of punishment directly or indirectly, so the intent of joint process of crime is mutually advantageous to the cryp, and if there is a comprehensive or individual communication or perception on the contents of the criminal, the conspiracy is established, and the act of execution is in a cooperative relationship at a time or place.