[2] The case reversing the judgment of the court below which convicted the other party co-principal without disclosing who is the other party co-principal, several names, and the other party of the crime of mixing raw materials at any time and anywhere, in case where the defendant, a seller of the raw materials of pseudo petroleum products, was prosecuted for co-principal in the manufacture of pseudo petroleum products, on the grounds of incomplete hearing as to the sales counterpart, etc. and misapprehension of legal principles as to

[2] The case reversing the judgment of the court below which convicted the other party co-principal without disclosing who is the other party co-principal, several names, and when and where the other party to the co-principal was engaged in mixing with raw materials in case where the defendant, a seller of the raw materials of pseudo petroleum products, was prosecuted for co-principal in the manufacture of pseudo petroleum products, on the ground of incomplete hearing as to the sales counterpart, etc. and misapprehension of legal principles as to

Article 254(4) of the Criminal Procedure Act provides that "The description of facts charged shall specify the time, date, place, and method of a crime and specify the facts." The purpose of Article 254(4) of the same Act is to seek the efficiency and speed of trial by clarifying the object of the trial, and at the same time to facilitate the exercise of the defendant's right to defense by specifying the scope of defense. As such, the prosecutor must consider the three specific elements and describe specific facts that constitute the elements of the crime in order to distinguish facts from other facts. In addition, the key elements in the violation of the Petroleum Business Act concerning the manufacture of pseudo petroleum products are manufacturing acts. The key elements in the violation of the Petroleum Business Act concerning the manufacture of pseudo petroleum products are the manufacture acts. In determining whether the chemical substance selling pseudo petroleum products by dividing three pseudo petroleum products into two raw materials is the co-principal of the manufacture of pseudo petroleum products with the buyer, anywhere and at the same time, the buyer cannot be deemed to have been functionally

Based on its adopted evidence, the court below found the defendant guilty on the ground that "the defendant conspireds with non-indicted 1, 2, and manufacturers of pseudo petroleum products with the name non-indicted 1, 2, and the name-free boxes who use the abbreviation of the above "Madeb" from November 12, 2004 to December 2, 2004, the defendant, non-indicted 1, and 2 used the name-free boxes in the Chungcheongbuk-gun (name omitted) company (name of company omitted), the non-indicted 1, and the above "Mab" product, which were pseudo petroleum products, with the knowledge that it would be possible to manufacture similar gasoline to the above non-indicted 1, 2, and the above non-indicted 1, and the above non-indicted 1, and the defendant did not err in the misapprehension of legal principles as to the above facts charged, or in the misapprehension of legal principles as to the non-indicted 1, 200,000,00 won of raw materials, such as pseudo petroleum products."

Therefore, the judgment below is reversed, and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Shin Shin-chul (Presiding Justice)