사기등
The judgment of the court below is reversed.
Defendant
A, B, and D shall be punished by imprisonment with prison labor for one year and ten months, and by imprisonment with prison labor for one year and four months.
1. Summary of grounds for appeal;
A. Defendant C (Defendant C1) was found guilty of this part of the facts charged, even though Defendant C did not commit the Malaysia until Malaysia entered the Republic of Korea after departure from China. The lower court erred by misapprehending the facts.
2) The lower court’s sentencing against Defendant C is too unreasonable.
B. The lower court’s sentencing against Defendant A, B, D is too inappropriate.
(c)
1) The Prosecutor’s misunderstanding of the legal principles does not constitute a criminal injury property, but the lower court did not impose an additional collection on this ground. In so doing, the lower court erred by misapprehending the legal doctrine on the additional collection portion of the lower judgment.
2) The lower court’s sentencing against the illegal Defendants is too uncomfortable.
2. Determination
A. 1) Determination as to the Defendant’s assertion of mistake of facts does not require any legal penalty in relation to the conspiracy in which two or more persons of the relevant legal principles jointly process a crime, but only constitutes a combination of two or more persons to jointly process a crime and to realize the crime, and there was no process of the whole conspiracy.
Even if there is a conspiracy between several persons in a successive or secret manner, and the combination of doctors is established, and even those who did not directly participate in the act of implementation should be held liable as a joint principal offender for the act of other competitors (see Supreme Court Decision 2004Do5494, Dec. 24, 2004). In addition, in the case of a joint principal offender for a public offering, if one of the solicitors has left the conspiracy relationship before the other competitors reach the act of implementation, he shall not be held liable as a joint principal offender for the subsequent acts of other competitors. However, the deviation from the conspiracy relationship is to eliminate the functional control taken by the competitors.