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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is without merit that the Defendant conspiredd to commit the instant crime with the co-defendant A (hereinafter “A”) of the lower judgment (criminal facts stated in the lower judgment’s judgment) or shared the act of committing the instant crime.
Even if the defendant conspiredd with A, the defendant
Even if A started to commit the instant crime, since there was no intention of joint processing, the Defendant’s act is merely a preliminary act and cannot be punished.
However, the lower court erred by misapprehending the legal doctrine regarding the facts charged in the instant case.
2. The joint principal offender under Article 30 of the Criminal Act is jointly and severally committing a crime. In order for a joint principal offender to be established, it is necessary to establish a crime through a functional control based on a joint doctor as a subjective requirement, which is the intent of joint processing and objective requirements.
In addition, the intention of co-processing is insufficient to recognize the crime of others and to accept it without restraint, and it should be with a view to moving one's own intent by using another's act as a whole to conduct a specific criminal act with a common intent (see Supreme Court Decision 2016Do15470, Jan. 12, 2017, etc.). In addition, in order for the joint principal offender to be constituted, two or more persons are engaged in one's own act to commit a specific criminal act, and the fact that one's own intention was committed by using another's act to commit a specific criminal act, and the fact that one's own intention was committed is to be recognized. Thus, the public offering does not require any legal punishment, and even if it is not required, there was no general mother process.
Even if there are two or more persons, there is a public contestal relationship if a combination of doctors is made in order or impliedly between them, and the act of execution is performed as long as such a public contest has been made.