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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of legal principles) had C prepare the power of attorney of this case without clearly explaining the facts that the defendant had no consent of D with the intention to use the certified judicial scrivener C
Even if this is a superior behavior control, which is an indirect element for establishing a principal offender.
However, the lower court erred by misapprehending the legal doctrine that acquitted the facts charged of this case, thereby adversely affecting the conclusion of the judgment.
2. Determination
A. Article 34(1) of the Criminal Act provides that “A person who causes the result of a crime by instigating or aiding and abetting another person who is not punishable by any act or who is punishable as an offender through negligence, shall be punished in accordance with the same as aiding and abetting.”
The core of these indirect principals is that they used as a tool to commit the crime of the recipient, so the act of the user is not only the realization of the user's will, and the indirect principal has the nature of the principal offender due to the control of the offender's intention, and the control of the intention means the control of the act by the superior will and awareness.
B. The lower court determined that the evidence submitted by the prosecutor alone is difficult to acknowledge the facts charged that the Defendant talked with C as if the Defendant consenteded to the cancellation of the lower right, and as long as this part of the facts charged is not recognized, the Defendant controlled C with the superior intent, thereby allowing C to prepare and submit proxy form using the same as his/her own tool, or had the intention to control the Defendant’s intent to use C as such.
On the ground that it is difficult to view the instant facts charged, the lower court acquitted the Defendant.
(c)
In addition to the following circumstances that can be acknowledged by the evidence duly adopted and investigated by the court below, the intention of controlling the intention is examined.