특수절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. In fact, the Defendant, at the time of gathering the instant crime, did not intend to gather the crime, and later expressed his intention to refuse to receive the proposal. Since F et al. did not have any fact at the time of physical color, the Defendant did not know of the place of the crime and did not look at F et al. at the place where F et al. would change their status, and did not have any fact that the Defendant participated in the instant crime because F et al. did not have any fact that there was a division of the proceeds of the crime. Therefore, the Defendant participated in the instant crime.
Although it is difficult to see it, the judgment of the court below which found the defendant guilty is erroneous by misunderstanding facts and affecting the judgment.
B. The sentence sentenced by the lower court (in 10 months of imprisonment, 10 months of exchange) is too unreasonable.
2. Judgment on the Defendant’s assertion of mistake of facts
A. The lower court determined that the Defendant alleged to the effect that “the Defendant was driving only once a brea-bbbbbbbbbbbbbbing and immediately deserted the scene of the crime.” However, the joint principal offender under Article 30 of the Criminal Act committed a crime jointly with two or more persons. As a subjective requirement for the establishment of a joint principal offender, it is necessary for the joint principal offender to have committed a crime through functional control based on the joint doctor as an objective requirement, and the joint principal offender is not sufficient to recognize another person’s criminal act but to accept it without restraint. The joint principal offender’s intent should be integrated to commit a specific criminal act with another person’s intention, and it should be the joint principal offender’s liability with respect to the subsequent act of the joint principal offender.