특수절도
The judgment below
The part against the defendant shall be reversed.
Defendant shall be punished by imprisonment for a term of two years and four months.
1. The decision of the court below on the gist of the grounds for appeal (two years and six months of imprisonment) is too unreasonable.
2. Determination
A. When one of the applicants is excluded from the public offering relationship before the other applicants reach the implementation of the public offering in the public offering joint principal offender, he shall not be held liable as a joint principal offender with respect to the subsequent acts of the other competitors.
However, it is necessary to eliminate the functional control over the behavior performed by the contester by the contest. Therefore, when the contester participated in the contest and has an effect on the execution of another contest, the contest has left the contest relationship unless it removes the influence on the execution, such as actively endeavoring to stop the crime, etc.
The following circumstances, which are acknowledged by the evidence duly adopted and investigated by the lower court (Supreme Court Decision 2014Do14843, Feb. 16, 2015) b. 1, the Defendant and the co-defendants of the lower court, who wished to commit an act of cutting off the pelde exported to Japan from the Defendant’s house located in Gangnam-gu Seoul 501 after early December 2016, with F, with the intent to commit an act of cutting off the pelde to Japan without filing a customs report. The Defendant recruited the pelde in Japan, recruited the pelde in order to collect the proceeds from the disposal of the pelde in Japan, and sent the stolen pelde to the Defendant through the gade 100,000,000,000,000,000,000,000,000,000,000,000,000,000,00).