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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Prosecutor’s sentence (one year and four months of imprisonment) is too unhued and unfair.
B. (1) Even though there was no likelihood that the Defendant could have predicted the principal offender’s attack, the lower court erred by recognizing the Defendant as guilty of aiding and abetting the offense.
(2) The sentence of the lower court’s improper sentencing is too unreasonable.
2. Determination
A. (1) An act of aiding and abetting under the Criminal Act refers to a direct or indirect act that facilitates the commission of a principal offender while knowing the fact that the principal offender is committing a crime. As such, the so-called aiding and abetting that aids and abetting the principal offender and the principal offender’s act constitutes an act that meets the requirements for the formation of the principal offender. However, inasmuch as such an intentional act is an in-depth fact, it is inevitable to prove indirect facts that have considerable relevance to the principal offender in light of the nature of the object in a case where the defendant denies it, and there is no other method than reasonably determining the connection of the fact by using an in-depth observation or analysis power based on normal empirical rule. In addition, the principal offender’s intent in an aiding and abetting crime is not required to identify the details of the crime realized by the principal offender, but it is sufficient to understand or anticipate dolusent perception (see, e.g., Supreme Court Decision 2003Do6056, Apr. 29, 2005).
(1) The Defendant was under investigation by an investigative agency, and said that there was a lot of money when he/she took part in the fraud of goods in the Republic of Korea from Z.
“Around December 25, 2015, the Z stated that it was known from around December 25, 2015 that it was operating the Boscoping Center in China and soliciting physical cards.
‘Written argument' was made.
(2) A defendant;