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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although the Defendant was merely an aiding and abetting a sexual traffic broker upon the request of the pro-Japanese H, the judgment of the court below that recognized the Defendant as a joint principal offender is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
B. The punishment sentenced by the lower court (one hundred months of imprisonment and two million won of additional collection) is too unreasonable.
2. Determination
A. Determination as to the assertion of mistake of facts 1) As a joint principal offender under Article 30 of the relevant legal doctrine is jointly and severally committing a crime, two or more persons are required to commit a crime through a joint principal offender’s functional control by a joint principal doctor, which is a subjective element, and a joint principal offender is required to establish a crime through a functional control by a joint principal offender, which is an objective element, and the joint principal offender’s intent should be integrated to commit a specific criminal act with a joint principal intent and shift his/her own intent by using another person’s act (see, e.g., Supreme Court Decision 2001Do4792, Nov. 9, 201). On the other hand, since the essence of a joint principal offender is a functional control by a division of work roles, the joint principal offender is distinguishable from the other party’s functional control by a joint principal offender, in view of the fact that the joint principal offender has no control over that act, the following circumstances are duly adopted by the court below in light of the evidence adopted by the Defendant and the other party’s sexual traffic act.
Therefore, the defendant's assertion that the crime of aiding and abetting H's sexual traffic is excessive is without merit.
(1) The Defendant mainly received calls from customers, and provided guidance to women engaged in sexual traffic, after making a promise, and H shall rent officetels, employ women engaged in sexual traffic, and Internet advertisement board.