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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. 1) As to the fraud, the Defendant merely delivered the money by cash according to D’s instructions, and did not have any intention to commit the crime of defraudation, since he had different knowledge of the fact that the money was acquired by deception by deception.
2) With respect to the act of injury, the Defendant only prevented the victim I from taking the victim I’s hand, and did not assault him as in the facts charged.
B. The punishment sentenced by the lower court (one hundred months of imprisonment) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. (1) On the part of fraud, there is sufficient time to contact directly or indirectly between two or more accomplices who intend to jointly commit a crime with the intent to jointly commit a crime, not by law, with the conspiracy in a co-offender relationship that is jointly processed by two or more persons of the relevant legal principles, but by the circumstantial facts and empirical rules, if there is sufficient contact with the other accomplices who intend to jointly commit a crime, and there is no direct evidence thereof.
In addition, the joint commission of a crime by conspiracy is not based on the premise that all accomplices realize the requirement for the formation of a crime by themselves, and it is possible to cooperate with them to strengthen the decision on the act. Whether it is applicable should be determined by comprehensively taking into account the degree of understanding the result of the act, the size of participation in the act, the intent to control the act, etc. (see Supreme Court Decision 2006Do1623, Dec. 22, 2006, etc.). Meanwhile, in relation to co-offenders who are engaged in a crime, if two or more co-offenders who are engaged in a crime in order or implicitly and a combination of their intent is made, the conspiracy relationship is established, and even those who do not participate directly in the act of the other co-offenders, they shall be held liable for the act of the co-offender as a principal offender
Therefore, the method of deceiving the joint principal offender of fraud.