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All appeals filed by the defendant and prosecutor are dismissed.
The judgment below
The application of the law is the intermediate part of the concurrent crimes.
Reasons
1. Summary of grounds for appeal;
A. (1) Defendant (1) did not intend to murder a victim AI in collusion with Q, P, H, and J during the period from October 21, 201 to December 22 of the same month.
(2) The lower court’s sentence (one and half years of imprisonment with prison labor for the crimes Nos. 1 and 2 on the market, and four years of imprisonment with prison labor for the crimes No. 3 on the market) is too unreasonable.
B. The Prosecutor’s sentence is too uneased and unreasonable.
2. Determination
A. In the case of co-offenders who commit a crime in collusion with two or more persons on the part of the defendant's assertion of mistake of facts, the conspiracy does not require any legal penalty, but is sufficient if there is an implied communication on the joint execution of the crime directly or indirectly between the accomplices, and even if there is no direct evidence, it can be recognized by the circumstantial facts and empirical rules.
In particular, even if it seems that the direction or communication system is not clear inside and outside of the country due to the legitimate organization, the group of violence has been assembled by the relationship between the members, such as a vessel, a punishment, or a baby, and has led to the command or communication in accordance with the special rules and has led to the commission of crime and display the power as an organization or group.
According to the evidence submitted by the prosecutor, the facts that Q and P directed Q and P to kill the victim to H are clearly revealed. Considering the characteristics of the group of violence as seen earlier and the various circumstances and records properly acknowledged by the court below, it is reasonable to deem that Q and P conspired to commit the crime by implied communication with Q and P in performing the above act. Thus, this part of the defendant's assertion is without merit.
① The crime in this part was committed on October 21, 201 by Q and victim’s fighting from the funeral hall of the Incheon AM Hospital around 22:00, and the Defendant left the funeral hall from that time.