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The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
In the judgment of the court below, the defendant's mistake of facts is merely a business of arranging sexual traffic by taking over the mobile phones used by Co-Defendant A in the "E" sexual traffic business establishment, and the women of sexual traffic, etc. (hereinafter "business of arranging sexual traffic of this case"), and even though he did not commit the crime of this case in collusion with the "J" as stated in the facts constituting the crime in the judgment of the court below, there is an error of misconception of facts with the "J"
The sentence of imprisonment (ten months of imprisonment) imposed by the court below on the defendant is too unreasonable.
Judgment
The public invitation of two or more persons making a decision on the assertion of mistake of facts in collusion for the joint processing of a crime does not require any legal penalty, but it is sufficient that there is an implied communication on the joint execution between the accomplices who intend to commit the crime directly or indirectly, and even if there is no direct evidence, it may be recognized by the circumstantial facts and empirical rules.
In addition, joint execution of a crime by conspiracy is not based on the premise that all accomplices realize the elements of a crime by themselves, and it is possible to cooperate with accomplices who conduct the realization act to strengthen their decision on the act. Whether it falls under it should be determined by comprehensively taking into account the degree of understanding the result of the act, the size of participation, intent to control the act, etc.
(See Supreme Court Decision 2006Do1623 Decided December 22, 2006, etc.). Co-defendant A, the transferor of the instant commercial sex acts, who had been admitted by the evidence duly adopted and investigated by the court below, has been the president who became aware of the fact that the AU had worked in the entertainment room after "the first police investigation time and the second and third prosecutor's investigation time".