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The part of the judgment of the court of first instance against the Defendants is reversed.
Defendant
The sentence against A shall be three years, and the defendant.
Reasons
1. Summary of grounds for appeal;
A. (1) Defendants A: (2) misunderstanding of facts or misunderstanding of legal principles (as to the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. of this case, the degree of Defendant B’s participation in each of the above crimes cannot be considered as a co-principal who is not merely aiding and abetting, and an unreasonable sentencing (as to all of the crimes on the market).
Prosecutor: 2. Judgment of this Court
A. As to the assertion of mistake of facts or misapprehension of legal principles, the conspiracy in which two or more persons jointly process the crime is not required under law, but is a combination of intent to realize the crime by combining two or more persons jointly process the crime. Although there is no process of the whole conspiracy, if there is a combination of intent to commit the crime in a successive and implicit manner among several persons, the conspiracy relationship is established (see, e.g., Supreme Court Decision 2011Do9721, Dec. 22, 2011). Article 30 of the Criminal Act is established by satisfying all subjective and objective requirements, such as the intent to jointly process and the conduct of the crime through functional control based on the intention to jointly commit the crime. Although some of the conspiracys do not directly share part of the elements of the crime, if it is acknowledged that there is an essential functional control over the crime not only a mere conspiracy but also a functional control over the crime through the functional control of the crime.
(2) In light of the above legal principles, the crime of violating the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. of this case is a large number of unspecified persons in a systematic and planned manner.