국민체육진흥법위반
All appeals by the Defendants and the Prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant A’s imprisonment (one year of imprisonment) is too unreasonable.
B. Defendant B (1) misunderstanding of facts) The Defendant committed the instant act with the knowledge that he was in charge of the withdrawal and withdrawal of money necessary for money exchange upon G’s request, and there was no conspiracy with G with regard to the operation of illegal gambling sites. (2) The lower court’s sentence of unfair sentencing (one year of imprisonment) is too unreasonable.
C. The prosecutor’s sentence of the lower court (one year of imprisonment) is too unhued and unreasonable.
2. In the case of co-principals in which two or more judgment on the assertion of mistake of facts is jointly processed and conducted, the conspiracy or conspiracy is not necessarily required to be made directly, explicitly, in order, and may be made impliedly, but in any case, there is a combination of intent to jointly process and realize it. In a case where the defendant denies the criminal intent together with the points of conspiracy, the facts constituting such subjective element should be proven by means of proving indirect or circumstantial facts which have considerable relevance with the criminal intent in light of the nature of things.
On the other hand, the co-principal under Article 30 of the Criminal Act is established by satisfying the subjective and objective requirements, such as the implementation of a crime through functional control based on the intention of co-processing and the intention of co-processing. Even if some of the competitors have not been carried out by directly sharing part of the constituent acts, if it is acknowledged that a functional control through an essential contribution to a crime exists rather than a mere conspiracy, if it is recognized that a functional control exists through an essential contribution to a crime, the crime liability as a co-principal cannot be exempted.
(see, e.g., Supreme Court Decision 2008Do6551, Feb. 12, 2009). With respect to the instant case, the health room is as follows.