All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

Seoul Central District Public Prosecutor's Office.

With respect to the crime of misunderstanding the substance of the grounds for appeal or misunderstanding the legal principles of the first instance judgment, the Defendant merely simply and simply took advantage of C’s instructions on the fact that C was aware of the Handphone market on the face of the heart.

With respect to the crime in the judgment of the second instance, the Defendant was the Defendant that Q, C, and P sold “non-opon” other than philopon, and he was aware of the fact that Q, C, and P only after having gone through the police officer in the middle of August 2017, that it was a philopon from Q to Q.

Therefore, from August 9, 2017 to August 22, 2017, the Defendant did not intend to jointly process the second core part of the crime.

The punishment sentenced by each court below (the first instance court: the imprisonment of 2 years and 6 months, the second instance court: the imprisonment of 2 years and 2 years) is too unreasonable.

Before the judgment on the grounds for appeal of authority, this Court decided to hold a joint hearing of each appeal case in relation to the appeal of each defendant after the first, second, and second court tried the defendant separately and sentenced the defendant guilty.

However, since each crime of the first and second judgment is concurrent crimes under the former part of Article 37 of the Criminal Act, a single sentence should be imposed in accordance with Article 38(1) of the Criminal Act, each judgment of the court below against the defendant was no longer maintained.

However, even if there are reasons to reverse each of the above judgments ex officio, the defendant's assertion of mistake or misunderstanding of legal principles is still subject to the judgment of this court, and this is also examined.

In order to establish a common principal offender of the legal principles related to determination of mistake or misunderstanding of facts, it is necessary to commit a crime through the functional control by the common will as a subjective requirement and objective requirement.

At this time, subjective requirements are met.