Even if a criminal act is not directly involved in the act of execution after he/she conspireds to commit a crime, he/she cannot be exempted from the liability for the crime of co-principal.

Even if a criminal act is not directly involved in the act of execution after being recruited, it is not possible to escape from the liability of co-principal for the act of sharing another co-principal.

Article 30 of the Criminal Act

Defendant

Seoul Criminal District Court Decision 70No760 delivered on February 22, 1971, Seoul High Court Decision 70No760 delivered on February 22, 1971

The appeal is dismissed.

60 days of detention after an appeal shall be included in the original sentence.

Judgment on the Defendant’s ground of appeal

In the case of joint principal offenders, even if they are not directly involved in the conduct of the act, they cannot be exempted from the liability of joint principal offenders for the act of sharing among others. Accordingly, according to the records, the court below compared all the evidence cited by the defendant 1 in the judgment of the court below, even though the non-indicted 1 was not his father, it can be sufficiently recognized that the defendant 1 committed the crime in the judgment of the court below by mutual agreement that the non-indicted 1 should correct the name of the forest register by forging the original copy of the family register with his father and make the registration of inheritance preservation in the future of the defendant, and that the defendant 1 committed the crime in the judgment of the court below. Accordingly, the defendant cannot be exempted from the liability of joint principal offender. In this regard, the judgment that recognized the defendant as a joint principal offender in the judgment of the court below as a joint principal offender, is just and there is no error of law by misunderstanding the legal principles as to the joint principal offender.

Therefore, the appeal is dismissed as without merit. It is so decided as per Disposition by the assent of all participating judges by applying Article 57 of the Criminal Act with respect to the inclusion of days of pre-trial detention.

Supreme Court Judge Yang Byung-ho (Presiding Judge)