beta
Text
The defendant shall be innocent.
Reasons
1. On April 13, 2016, at around 02:55, the summary of the facts charged: (a) around 02:55, the Defendant and C, D, and E were to perform the work of the victim H (the 22 years of age) who was drinking the alcohol in the lower table table while drinking the alcohol in G main points located under the F of Gwangjin-gu Seoul Special Metropolitan City, and the Defendant was to perform the work of the victim H (the 22 years of age) while drinking the alcohol in the lower table; (b) the Defendant was to take the body of the victim H; (c) the victims were to drink the victims; and (d) D was to drink the victim I (the 24 years of age), and E was to drink the victim I (the 24 years of age).
As a result, the defendant, C, D, and E jointly provided the victim I with the 14-day therapy for about 14 days, and the victim H with the 14-day therapy for about 14 days.
2. The defendant's assertion does not constitute a part in the co-injury of other behaviors.
3. Determination
A. The co-principal under Article 30 of the Criminal Act commits a crime jointly by two or more persons. In order to constitute a co-principal, it is necessary to establish a crime through a functional control based on a co-principal’s intent and objective requirement as a subjective element.
Joint processing intention is insufficient to recognize another person's crime but not to restrain it, and it is not sufficient to recognize it, and the intention to jointly commit a specific crime shall be one of the joint intent to move to the execution of one's own intention by using another's act.
(See Supreme Court Decision 2001Do4792 Decided November 9, 2001, and Supreme Court Decision 98Do1832 Decided September 22, 1998, etc.). Therefore, in order to determine the establishment of joint principal offenders, the relationship of mutual use based on the intention of joint processing ought to be proven to the extent that there is no reasonable doubt as to the status and role of each actor through the whole process of criminal realization.
B. The prosecutor's time limit for driving in the facts charged.