범인도피교사
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that the Defendant: (a) upon the request of G to “be subject to the investigation of D by the control of the game room”; (b) borrowed the name and received the compensation for the damage; and (c) concluded the lease contract under the name of D that D was subject to the investigation and punished; (d) did not commit the above act with the intention of facilitating the escape of G; and (e) did not assist the criminal escape of G and D.
2. Determination on the grounds for appeal
A. The crime of escape of an offender does not reach the number by allowing the escape of the offender, but the crime continues while the act of escape continues, and the crime is completed only when the act is completed.
Therefore, in a case where an accomplice knew of the crime committed while the accomplice committed the crime and had the intent to commit the crime and continues to commit the crime by taking advantage of the situation in which the accomplice committed the crime, the co-principal of the crime is established. The same applies to the case of the accomplice who aided and abetted the crime.
(See Supreme Court Decision 201Do6027 Decided August 30, 2012). B.
Comprehensively taking account of the aforementioned legal principles and the evidence duly admitted and examined by the court below, the following facts and circumstances can be fully acknowledged that the defendant aiding and abetting the crime committed by D while recognizing and allowing the crime during the process of committing the crime committed by G and D.
Therefore, the defendant's assertion is without merit.
First, even at the time when the defendant operated the F Gameland (hereinafter "the game site of this case") as stated in the judgment of the court below together with G, D only runs the business in its name and did not actually run the game site of this case with the defendant et al.
The defendant also has "G at the time that the defendant operates the game of this case together with G" in the prosecution.