(영문) 광주지방법원 2015.01.07 2014노2007 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2015.01.07 2014노2007

사기등

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Summary of Grounds for Appeal

Since the Defendant was hospitalized at the end of November 2010 due to damage to low-carbon, the Defendant did not attend I for nursing, there was no participation in the crime after December 1, 2010 (Nos. 665 through 1091 of the crime sight table in the judgment of the original court).

The sentence of unfair sentencing (one year and six months of imprisonment) by the lower court is too unreasonable.

Judgment

In the legal principles related to the determination of mistake of facts, when one of the competitors has left from the public contest relationship before the others reach the action of the contest, he/she shall not be held liable as a co-principal with respect to the subsequent act of the contest. However, in the public contest relationship, it is necessary to resolve the functional control of the conduct performed by the contest. As such, when the contest participated in the public contest led to the execution of the other contest, and the contest has an impact on the execution of the other contest, it shall not be deemed that he/she left from the public contest relationship unless he/she has removed the influence on the execution, such as actively

(1) In light of the above legal principles, the court below’s judgment and the evidence duly adopted and examined by this court, and the following circumstances revealed are considered as follows. In light of the above legal principles, it is difficult to view that the Defendant’s functional control over the Defendant’s act by public offering was removed merely because the Defendant did not work any longer in I, and therefore, this part of the Defendant’s assertion is without merit.

From July 2010, the Defendant actively participated in the public contest by gathering the method, timing, and role of the instant crime from G and H to Ma, and allowing 2% of the total profits to be distributed.

After the establishment of I, the Defendant is in substance engaged in the position of “commercial affairs.”

참조판례

-대법원 2002. 8. 27. 선고 2001도513 판결

-대법원 2008. 4. 10. 선고 2008도1274 판결

유사 판례

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