공갈등
The judgment below
The part, excluding the rejection part of the application for compensation, shall be reversed.
The defendant shall be punished by imprisonment with prison labor for a maximum term of three years and short term.
1. Summary of grounds for appeal;
A. Defendant 1) In fact, Defendant 1 entered the Republic of Korea on December 10, 2019 and participated in the crime of accomplices from around that time, and thus, Defendant cannot be held liable for the part deposited from May 21, 2019 to December 4, 2019 among the crime of conflict.
2) The sentence sentenced by the lower court to the Defendant (a maximum of three years and six months, a short of two years and six months) is too unreasonable.
B. The prosecutor (unfair sentencing)’s sentencing that the court below decided against the defendant is too unhutiled and unfair.
2. The joint principal offender under Article 30 of the Criminal Act regarding the Defendant’s assertion of mistake of facts is established by satisfying the subjective and objective requirements, namely, the implementation of a crime through functional control based on the intention of joint processing and the intent of joint processing. However, even if a person does not directly share and implement the elements of the constituent act, the so-called joint principal offender may be liable for the crime as a principal offender of the public offering depending on the case. However, in full view of the status, role, control or power over the criminal progress in the entire crime, etc., it should not be deemed that a person has a functional control through an essential contribution to the crime rather than a mere conspiracy (see, e.g., Supreme Court Decision 2009Do2994, Jun. 23, 2009). The joint principal offender’s intent of joint processing is insufficient without recognizing another person’s crime and without denying it, and it should be carried out with the content that he/she uses another person’s own intent to commit a specific criminal act.
Therefore, in order to determine whether a joint principal offender is established, the status and role of each actor through the whole process of realizing the crime, and the contents of recommendations to other actors shall be reviewed and integrated as above.