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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for six months.
Reasons
1. Summary of grounds for appeal;
A. The judgment of the court below which found the defendant guilty of the facts charged that the defendant conspireds with A to operate the game of this case and operated the game of this case in the absence of joint operation as a unemployment owner, is erroneous in the misunderstanding of facts or in the misunderstanding of legal principles which affected the conclusion of the judgment.
B. The sentence of unfair sentencing (ten months of imprisonment) by the lower court is too unreasonable.
2. In the first instance trial, the Defendant denied part of the facts charged of this case, and this court revoked the order of the court below that decided to judge the Defendant according to a simplified trial procedure pursuant to Article 286-3 of the Criminal Procedure Act, by recognizing that it is remarkably unfair to judge the Defendant as a simple trial procedure on the second trial date.
Meanwhile, according to the records, the Defendant was sentenced to three years of imprisonment by the Daejeon High Court on August 8, 2012 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the judgment became final and conclusive on August 17, 2012. As such, the crime for which the judgment became final and conclusive and each of the crimes of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment should be determined by taking into account equity with the case where the judgment is rendered at the same time pursuant
Therefore, the part of the judgment of the court below against the defendant can no longer be maintained in the above point.
Nevertheless, the defendant's assertion of misunderstanding of facts or misapprehension of legal principles is still subject to the judgment of this court.
3. In a case where two or more persons on the assertion of mistake of facts or misapprehension of legal principles jointly process a crime, the conspiracy is not required under the law, but is a combination of two or more persons to jointly process and realize a crime.