A. As to the establishment of a co-principal, the Defendant refused B’s proposal to commit the same crime as stated in the instant facts charged, but only notified B of only the method of committing the instant crime without any choice due to B’s coercion that had lived with the violent organization life, and there was no conspiracy between B and C, and it cannot be deemed that the Defendant had a functional control over the instant crime due to the lack of direct commission with B and C.

B. As to the establishment of the crime of obstruction of the performance of official duties by fraudulent means, even if the Defendant conspired with B and C, it cannot be deemed that the Defendant interfered with the performance of duties by means of fraudulent means, taking full account of the following: (a) the Defendant actually deposited money in the gambling site entry account; and (b) the fact that the commission of false statements during the process of witness investigation was not sufficient to deem that the Defendant interfered with the performance of duties by police officers by submitting a written complaint; and (c) the commission of multiple criminal offenders who committed the crime of obstruction

2. Determination

A. In the case of a public conspiracy and a co-principal with regard to the establishment of a co-principal, the public conspiracy does not require any legal punishment, but is only a combination of intent to realize a crime through the joint processing of a crime by two or more persons. Although there was no process of the whole conspiracy, if a combination of will is made in order or impliedly, between several persons, then the public conspiracy relationship is established.

As long as such public offering has been made, even those who did not directly participate in the act of execution shall be held criminal liability as joint principal offenders for the act of other accomplices.

(see, e.g., Supreme Court Decision 97Do1720, Oct. 10, 1997). The following are acknowledged based on the evidence duly adopted and investigated by the court below and the court below.