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(영문) 전주지방법원 2017.04.20 2017노281

범인도피

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of the facts or misapprehension of the legal doctrine, the Defendant merely purchased food while playing with F, etc., and did not cause F, etc. to escape, and the Defendant did not have the intent to avoid committing the crime.

Nevertheless, the lower court which found the Defendant guilty of the facts charged of this case erred by misapprehending the legal principles as to the crime of crime and thereby adversely affecting the conclusion of the judgment.

2) The sentence of the lower court’s improper sentencing (4 months of imprisonment) is too unreasonable.

B. The Prosecutor’s above sentence is too uneasible and unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and duly examined by the court below, the crime against which the crime was committed refers to an act that makes it difficult or impossible to act as a criminal justice, such as investigation, trial, and execution of a sentence, by means other than concealment of the offender, and there is no restriction on such method, and it is not required that the act may interfere with the actual operation of criminal justice (see, e.g., Supreme Court Decision 2003Do8226, Mar. 26, 2004). In full view of the following circumstances, the defendant's assertion that the crime was committed between the "F, etc.," and the "M, etc.," knowing that the crime was committed as a suspect in the above case, it can be sufficiently recognized that the defendant provided food, etc. to him and used it to him, which constitutes an act of making the criminal escape by making it difficult to discover and arrest the offender. Therefore, the defendant's assertion is without merit.

① around November 17, 2016, F et al. is clear that F et al., as a member of the instant “Monthly P World Cup,” committing a violation of the Punishment of Violences, etc. Act (joint injury by an organization, etc.) as an employee of the said “F et al.” and a collective violence.

Article 151 (1) of the Criminal Act is a crime.