beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts or misunderstanding of legal principles is merely used as a “unfavorable instrument” from the organization of Bosing crimes, and cannot be deemed that the Defendant had control over the intent to jointly process the crimes of Bosing and functionally.
Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous in misapprehension of legal principles.
B. The sentence imposed by the lower court (one year of imprisonment, confiscation) is too unreasonable.
2. Article 30 of the Criminal Act regarding the defendant's assertion of mistake of facts or misapprehension of legal principles provides that two or more persons jointly commit a crime. In order to constitute a joint principal offender, the crime is required to be committed through the functional control by a joint doctor, which is a subjective requirement, by the intention of joint processing and objective requirements, and the intention of joint processing is to be integrated to commit a specific criminal act with the intention of joint intent, and to shift one's own intention to conduct a specific criminal act by using another's act.
(2) In light of the above legal principles, the Defendant’s intent to commit a crime under Article 10 of the Criminal Procedure Act (amended by Presidential Decree No. 2001, Apr. 7, 2000; Presidential Decree No. 20010, Nov. 2, 2001; Presidential Decree No. 200135, Apr. 2, 2001; Presidential Decree No. 20135, Apr. 2, 2001; Presidential Decree No. 20135, Apr. 2, 200).
(See Supreme Court Decision 2007Do6706 Decided September 11, 2008, etc.). Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the instant crime was committed under the awareness that the Defendant was actually involved in the scambling crime with his name and secret or secret, with the recognition that the Defendant was involved in the scaming crime.