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Defendant
All appeals filed by B and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant B (1) misunderstanding of facts) did not have contributed to Defendant B’s crime committed by Defendant A on August 10, 2017, and subsequently incurred. Moreover, the part concerning the crime committed before August 10, 2017 was charged together with the Daegu District Court Decision 2018No2200, which became final and conclusive, and the prosecution was revoked on the grounds that there is insufficient evidence as to whether Defendant B participated in the crime, and thus, the prosecution should be dismissed pursuant to Article 329 of the Criminal Procedure Act. Nevertheless, the lower court erred by misapprehending the facts, and thus, it is unreasonable that the lower court’s sentence of unfair sentencing (three months of imprisonment) is too unreasonable.
B. Each sentence of the lower court against the Defendants by the prosecutor (three months of imprisonment) is too unhued and unreasonable.
2. Judgment on Defendant B’s assertion of mistake of facts
A. Article 329 of the Criminal Procedure Act provides that, in a case where a decision to dismiss a public prosecution by the revocation of a public prosecution becomes final and conclusive, a public prosecutor shall not be held liable as a co-principal with respect to the subsequent act of another public prosecutor. However, in a case where a public prosecutor participates in the public contest and has an effect on the execution of another public prosecutor, he/she shall not be held liable as a co-principal with respect to the subsequent act of the public prosecutor, unless he/she has removed his/her functional control over the functional act by the public prosecutor. As such, if the public prosecutor participated in the public contest and actively made efforts to prevent the crime and has an impact on the execution of another public prosecutor, etc., he/she shall not be deemed to have left from the public contest (see, e.g., Supreme Court Decision 2008Do1274, Apr. 10, 2008). 2) Article 329 of the Criminal Procedure Act provides that a new public prosecution may be instituted
B. The lower court duly adopted and investigated the assertion that he/she left the place of joint criminal conduct after August 10, 2017.