beta
Text
All appeals by the Defendants and the Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant E (Defendant E) did not know of the identity of H, I, and J and did not commit a crime, and the judgment of the court below which recognized a joint principal offender without being aware of the identity of H, I, and J, erred by mistake of fact.
B. While the Defendants asserts that the sentence of the lower court (two years of imprisonment, one year of imprisonment, one year of Defendant C, and six months of imprisonment), Defendant B, and E is too unreasonable, the Defendants asserts that the sentence of the lower court is too uneasible and unfair. However, the Prosecutor asserts that the sentence of the lower court is too uneasible and unfair.
2. Determination
A. Determination as to the assertion of mistake of fact 1) The joint principal offender under Article 30 of the Criminal Act commits a crime jointly with two or more accomplices. In order for a joint principal offender to be established, a joint principal offender requires a fact of implementation of a crime through functional control by a joint doctor, which is a subjective element, and the joint principal offender’s intent is to jointly engage in a specific criminal act, and it is not sufficient to recognize another person’s criminal act but to allow another person’s criminal act without any restriction. However, there is a mutual understanding that prior conspiracy of a crime plan is not necessary, and that each accomplice’s act is in essence related to the elements of the organization or share of an act related to the elements (see Supreme Court Decision 2007Do6706, Sept. 11, 2008, etc.). In addition, a joint principal offender did not require a joint principal offender to commit a crime under Article 30 of the Criminal Act, and that two or more joint principal offenders did not commit a crime under the law, but did not intend to commit a crime under any joint principal’s act.
Even if there are two or more persons, the combination of doctors will be done formally or implicitly.