The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the Defendant: (a) was aware of the fact between F and China in order to prevent the Defendant from committing the crime of giving and receiving Handphones; (b) however, the lower court returned to the Republic of Korea before reaching the commencement of the commission of the crime of giving and receiving Handphones; and (c) went out of the conspiracy relationship with the Republic of Korea.

I considered it.

However, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

① The Defendant, who returned from China to China, is merely aimed at raising funds to purchase 3 kms more than the initial plan, rather than to escape from the crime. ② The Defendant is able to bring filterphones into China in China since he did not have any record of narcotics.

The proposal was made, and thereby, the F is hardening to commit the crime of smuggling.

Therefore, the Defendant, who left F in China, went back to Korea, left the public contest relationship alone.

subsection (b) of this section.

2. On the grounds indicated in its reasoning, the lower court acquitted the Defendant of the instant facts charged on the ground that: (a) the Defendant left a public contest relationship prior to the commencement of the crime “receiving and importing 50 g phiphones” in collusion with the original F, etc.; and (b) the Defendant returned to the body of Frophone 45g; and (c) the import “an act performed” can be deemed to have been committed in collusion with F in collusion with C, etc., either solely or separately from the previous criminal act committed by the Defendant.

The circumstances cited by the lower court, in particular, ① the Defendant’s role in receiving and importing phiphones, was to enter the Republic of Korea with 50g phiphones, instead of a large number of narcotics-related criminal records, but the Defendant provided a critical opportunity to resolve the functional control of the Defendant’s functional act in the above conspiracy by returning to the Republic of Korea prior to the commencement of the commission, and ② F.