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Main Issues
The case holding that there was no relationship of conspiracy in the co-principal or the relation of conspiracy;
Summary of Judgment
The case holding that it is difficult to see that the defendant had an intention to take part in the crime, and even if the relationship of domestic conspiracy is recognized, other assistant employees were to leave the relationship of conspiracy before they reached the crime.
[Reference Provisions]
Article 30 of the Criminal Act
Reference Cases
Supreme Court Decision 71Do2277 Decided April 20, 1972 (No. 20-1, 87), Supreme Court Decision 83Do2941 Decided January 31, 1984 (Gong1984, 465), Supreme Court Decision 85Do2371 Decided January 21, 1986 (Gong1986, 404)
Defendant
Defendant
Appellant
Prosecutor
Defense Counsel
Attorney Regular Ho-ho
Judgment of the lower court
Daejeon High Court Decision 94No357 delivered on September 9, 1994
Text
The appeal is dismissed.
Reasons
We examine the prosecutor's grounds of appeal.
According to the reasoning of the judgment of the court below, the defendant was not guilty of the crime committed by the defendant on April 193, 200, because it is difficult for the defendant to be found that he was guilty of the crime committed by the non-indicted 2 and the non-indicted 2 and the non-indicted 3 were not guilty of the crime committed by the non-indicted 1 and the non-indicted 1 and the non-indicted 1 and the non-indicted 2 and the non-indicted 2 and the non-indicted 3 were not guilty of the crime committed by the non-indicted 2 and the non-indicted 2 and the non-indicted 2 and the non-indicted 3 were not guilty of the crime committed by the non-indicted 3 in relation to the non-indicted 2 and the non-indicted 2's non-indicted 2 and the non-indicted 2 and the non-indicted 2 and the non-indicted 3 were not guilty of the crime committed by the non-indicted 2's act of violence against the non-indicted 3 and the defendant's non-indicted 8.
In light of the records, the above fact-finding and judgment of the court below are acceptable, and there is no error of law by misunderstanding facts due to a violation of the rules of evidence or by misapprehending the legal principles as to co-principal as pointed out in the theory of lawsuit. There is no ground for appeal.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Chocheon-sung (Presiding Justice)