[특수절도·장물운반][공1983.11.1.(715),1538]
Whether a car which is a stolen can be deemed to have shared the execution of the act of transport of stolen goods.
It can not be said that a third person shared the execution of the act of transport of stolen goods by putting on the back seat of a vehicle operated by a third person.
Article 362(1) of the Criminal Act
Defendant 1 and one other
Prosecutor
Seoul Criminal Court Decision 82No4981 delivered on March 4, 1983
All appeals are dismissed.
We examine the prosecutor's grounds of appeal.
According to the reasoning of the judgment below, the court below found Defendant 2 in the court below's decision that stolen the car of this case from the time of the judgment and driving the car of this case to Defendant 1 house and stolen the car of this case from the defendants and the Kim Hong-jin to Seoul. As the defendants wanting to go to Seoul, it can be recognized that the defendants moved to the above car of this case and the above Kim Hong-jin was going to Seoul. However, it cannot be said that they did not have contributed to the execution of the stolen goods transport on the back of the car of this case, and there is no data supporting that the above defendants did not agree to move to the stolen goods transport act, and therefore, the facts charged of this case against the defendants are found not guilty on the ground that the facts charged of this case against the defendants fall under the time when there is no evidence of crime. We find the above recognition and judgment of the court below in light of the records, and there is no error of law by misapprehending the facts against the rules of evidence and misapprehension the legal principles as to the joint crime.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices O Sung-sung(Presiding Justice)