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(영문) 대구고등법원 2013.10.17 2013노299

특수강도등

Text

The judgment below

Of them, the part on Defendant E shall be reversed.

Defendant

E shall be punished by imprisonment with prison labor for one year.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. Regarding the Defendants (i.e., the mistake of facts or misapprehension of the legal principles on the Defendants’ (Defendant E), Defendant D, E, and F shared the commission of the commission of the commission of the commission of the crime. As such, the co-principal committed the crime of attempted crime among the above accomplices, but the Defendant E alone committed the direct commission of the constituent elements, such as intimidation to the victim by means of telephone or text message, so it cannot be deemed that the said Defendants shared the commission of the commission of the commission of a cooperative relationship at a time and at a place.

Therefore, the joint crime of attempted co-government is not established.

Nevertheless, the lower court’s judgment convicting of violating the Act on Special Cases concerning the Punishment of Violences, etc. (joint conflict) as to this part of the facts charged is erroneous or misapprehending the legal doctrine, thereby affecting the conclusion of the judgment.

B. The sentence imposed by the court below (the defendants A: imprisonment of three years and six months; imprisonment of four years; imprisonment of three years; imprisonment of three years; imprisonment of two years; imprisonment of two years; imprisonment of one year; imprisonment of one year; imprisonment of one year; imprisonment of one year; and imprisonment of one year; and suspension of execution of two years) is too unreasonable.

B. The Prosecutor (as to all the defendants), the sentence imposed by the court below is too unfasible and unfair.

2. Judgment on Defendant E’s assertion of mistake or misapprehension of legal principles

A. In order for a joint crime to be established, a conspiracy as a subjective requirement and an objective requirement should be shared, but the conspiracy does not require any legal penalty, and thus, a joint processing intent, either directly or indirectly, should be shared with an implied view, and if there is a comprehensive or individual communication or perception with respect to the contents of the crime, the conspiracy is established, and the conduct is time and place.