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The judgment below
Of them, the part against Defendant C shall be reversed.
Defendant
C A person shall be punished by imprisonment for six months.
, however, the defendant.
Reasons
1. Summary of grounds for appeal;
A. Defendant C’s misunderstanding of the facts as to the crime of this case with Defendant A, B, and Defendant C did not have any conspiracy or participation therein.
2) The sentence sentenced by the lower court to Defendant C (one year of imprisonment, two years of suspended execution, and confiscation) is too unreasonable.
B. The lower court’s appeal against the Defendants by the prosecutor (unfair sentencing) is so unfair that the sentence imposed by the lower court against the Defendants (one year of imprisonment for each of the Defendants, two years of suspended execution, and confiscation) is too uneasible.
2. Determination as to Defendant C’s assertion of mistake of facts
A. The joint principal offender under Article 30 of the Criminal Act is jointly and severally committing a crime. In order to be established as a joint principal offender, the joint principal offender requires a fact of implementation of a crime through functional control by a joint doctor, which is a subjective element, and the joint principal offender’s intent is integrated to commit a specific criminal act with a common intent, and it is not sufficient to recognize another person’s criminal act but to allow another person’s criminal act by using another person’s act. However, the joint principal offender’s intent does not necessarily require prior conspiracy to commit a crime plan, and there is a mutual understanding that each accomplice does not meet the composition requirement or share the act in essence related to the composition requirement among the accomplices (see Supreme Court Decision 2007Do6706, Sept. 11, 2008). In addition, the joint principal offender’s intention is not a legally required type of conspiracy, but a combination of two or more co-offenders’ intention is jointly and severally formed, and a joint principal’s intention is established.
In addition, strict proof is required to recognize such a public contest relationship.