The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) (the head of the illegal banner of this case) is limited to the installation at will of H which was re-entrusted with the recruitment business of members from G, and the Defendant did not invite the Defendant to set up in the prohibited place, such as G, H and the advertisements harming the illegal banner of this case (the Defendant’s defense counsel stated in the petition of appeal the purport that he filed an appeal “on the ground of mistake of facts,” and argued to the effect that he denies the recruitment of the instant banner by means of the written reasons for appeal filed on March 16, 2016, which was submitted after the expiration of the submission period of the grounds for appeal, and therefore, the Defendant’s ground for appeal

A. The joint principal offender under Article 30 of the relevant legal doctrine is jointly and severally committing a crime. In order for a joint principal offender to be established, it is necessary to commit a crime through functional control based on the intention of joint processing and objective requirements as a subjective requirement.

Joint processing is not sufficient to recognize the crime of another person, but to accept it without restraint. The intent of joint processing is one of the joint intent to commit a specific crime and to shift one’s own intent by using another’s act (see, e.g., Supreme Court Decisions 2008Do1274, Apr. 10, 2008; 2015Do5355, Oct. 29, 2015). In addition, in a joint co-offender relationship that two or more persons jointly process for a crime, the conspiracy does not legally require a certain type of punishment, but is a combination of two or more persons to realize the crime through a joint processing of a specific crime. As such, there was no process of the whole conspiracy.

Even if there is a contestal relationship between several persons in order or impliedly, and if the combination of doctors is made, the contestal relationship is established, and as long as such a contest has been made, the conduct is committed.