beta
Text
Defendant
The appeal is dismissed.
Reasons
Summary of Grounds for Appeal
Since misunderstanding of facts or misunderstanding of legal principles merely stated that the Defendant did not repay the victim with money to C, and that the Defendant did not anticipate the injury to the victim by breaking the beer and beer World Cup, it cannot be deemed that the Defendant inflicted injury on the victim jointly with C.
The sentencing of the court below's decision on unfair sentencing (three million won of fine) is too unreasonable.
Judgment
"When two or more persons under Article 2 (2) of the Punishment of Violences, etc. Act jointly commit the crime under paragraph (1)" as to the assertion of misunderstanding of facts or misapprehension of legal principles requires that there exists a so-called so-called co-offender relationship between them. They require that several persons are aware of another person's crime in the same opportunity at the same place and commit the crime using it.
In addition, public offering in a co-offender relationship in which two or more persons conspired to commit a crime is not required under the law, and it is sufficient to communicate directly or indirectly with each other of the accomplices who intend to commit a crime with an explicit intent to commit a crime, and even if there is no direct evidence, it can be acknowledged by the circumstantial facts and empirical rules.
In addition, joint execution of a crime by conspiracy is not based on the premise that all accomplices realize the constituent elements of a crime by themselves, and it is possible to cooperate with accomplices who conduct the act of realization to strengthen their decision on the act. Whether it falls under it should be determined by comprehensively taking into account the degree of understanding the result of the act, the size of participation, intent to control the act, etc.
(see, e.g., Supreme Court Decision 2006Do1623, Dec. 22, 2006). The following are acknowledged by the evidence duly adopted and examined by the lower court.