beta
(영문) 대법원 2018.08.01 2015도20396

범인도피등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 Subparag. 4 of the Criminal Procedure Act regarding the grounds for Defendant B’s appeal, only the case on which death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is pronounced, an appeal may be filed on the grounds of unfair sentencing.

Defendant

In this case where a more minor sentence is imposed against B, the argument that punishment is too unreasonable is not a legitimate ground for appeal.

2. Judgment on the grounds of appeal by the prosecutor

A. The offender also transferred the call text that was operated to I, and then changed the name of the business operator of the call text to Defendant C while opening another call text in the vicinity.

Since then, I filed a lawsuit against Defendant B seeking the prohibition of business operation and the prohibition of disposition, etc., and Defendant B changed the name of Defendant A, with his consent, to avoid the compulsory execution of the judgment in accordance with the above lawsuit.

Defendant

B and C were accused of a charge of escape from compulsory execution by I, and actually purchased and operated a call text to Defendant A.

The statement was changed and asked.

Defendant

A In the accusation case against Defendant B and C, the police officer actually purchased and operated the call text.

A statement was made and a false account transaction was submitted, and the prosecutor's office also stated to the same effect.

Since then, when the I accused the defendant A as a crime of escape from compulsory execution, the defendant B and C made the same request to the defendant, and the defendant A also made a false statement at the police and submitted a false account transaction details.

As a result, Defendant B and C had the Defendant A escape from the criminal, and accordingly the Defendant A had the criminal escape.

B. The lower court’s judgment also ruled on the following grounds.