The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for three years.

Defendant

B.

1. Summary of grounds for appeal;

A. The lower court’s sentence (five years of imprisonment) against Defendant A (unfair sentencing) is too unreasonable.

B. Defendant B (1) was asked by misunderstanding the facts or misunderstanding the legal principles, and Defendant A attempted to conceal the dead body of the victim.

Even in the course of hiding a corpse, the Defendant did not directly participate in the act of simply driving a vehicle and concealing the corpse.

As such, the degree of participation in the act of hiding the body of a defendant is very minor and thus constitutes simple accomplices.

2) The lower court’s sentence against Defendant B, which was unfair in sentencing (one and half years of imprisonment, two years of suspended sentence, and community service order) is too unreasonable.

B. The lower court’s sentence against the Defendants is too uneasible and unfair.

2. Determination

A. Determination as to Defendant B’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine is not required under the law, but there is an implicit communication between the accomplices who intend to commit the crime directly or indirectly with respect to the joint execution. It is sufficient that there is insufficient evidence to acknowledge it by the circumstantial facts and empirical rules, even if there is no direct evidence.

In addition, the joint commission of a crime by conspiracy does not premised on the fact that all accomplices realize the requirement for the formation of a crime (see Supreme Court Decision 2010Do2905, Apr. 26, 2012, etc.). In the instant case, the following circumstances revealed by the evidence duly adopted and investigated by the lower court are comprehensively taken into account: Defendant B conspired with Defendant A by impliedly winning about the concealment of the body of this case.

It is reasonable to view it.

The court below is just to recognize Defendant B as a principal offender for the crime of concealing the dead body.