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(영문) 청주지방법원 2012.10.18 2012노744

게임산업진흥에관한법률위반등

Text

The judgment below

Of them, the part on Defendant G shall be reversed.

Defendant

G shall be punished by a fine of KRW 10,000,000.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (Defendant A: Imprisonment with prison labor for one year and two months, confiscation, Defendant B: imprisonment for ten months, Defendant D: imprisonment for eight months, Defendant F, and G: each fine of KRW 15 million) is too unreasonable.

B. The Prosecutor (Defendant A)’s misunderstanding of the legal principle that T makes a statement that “I would know whether the head of the S Game and the Defendant A has a son relationship” constitutes the crime of capital flight by actively deceiving the investigative agency, and accordingly, the Defendant A who made a statement to T as above constitutes the crime of capital flight. However, the lower court erred by misapprehending the legal principle, which thereby affected the conclusion of the judgment. 2) In so doing, the lower court erred by misapprehending the legal principle, which acquitted Defendant A of this part of the charges.

2. Determination

A. As to the prosecutor’s assertion of misapprehension of the legal principles, the phrase “influoring to commit an offence” in Article 151 of the Criminal Act refers to any act that makes it difficult or impossible to act as a criminal justice by means other than concealment, such as investigation, trial, execution of sentence, etc., and there is no limitation on the means and methods

In addition, the above crime is not required to result in interference with the actual criminal justice as a dangerous crime, but it is limited to the act of making it difficult to detect and arrest an investigative agency to the extent that it is illegal to visit the concealment act stipulated in the same Article, that is, the act of directly facilitating the escape or the act of directly facilitating the escape (it does not include any act in which it is difficult to deem that the crime itself aims directly to escape), and the investigation agency originally determines the suspect regardless of the statement of the suspect or witness in investigating the crime case, and recognizes the fact of the crime.

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