(영문) 수원지방법원 2021.01.21 2020노3322 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2021.01.21 2020노3322

사기방조

Text

The judgment of the first instance shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the period of two years from the date this judgment became final and conclusive.

Reasons

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, even if it is sufficiently recognized that the defendant had dolusent intent to assist the criminal defendant with the crime of Bosing fraud, the judgment of the court of first instance that acquitted the defendant on the charges of aiding and abetting fraud is erroneous in the determination of facts.

2. Judgment on the grounds for appeal

A. In light of the relevant legal principles, an act of assistance under the Criminal Act refers to direct or indirect acts that facilitate the commission of a principal offender with the knowledge that the principal offender is committing a crime, so the principal offender has the intention to assist the principal offender in the commission of the principal offender and the principal offender to the fact that the act constitutes an act that constitutes an element of the principal offender. However, such intention is in fact, so in a case where the principal offender denies it, it is bound to prove indirect facts that have considerable relevance to the principal offender in light of the nature of the object. In this case, it is reasonable to view that there is no other way to reasonably determine the link of the facts by using an tight observation or analysis power based on normal empirical rule. Moreover, the principal offender’s intentional act does not require to recognize the details of the crime realized by the principal offender, and it is sufficient to view that the principal offender was aware of the specific contents of the crime by the principal offender, and that there is no other way to reasonably determine the link of the facts charged by the lower court in light of the aforementioned legal principles and evidence.

First of all, the circumstances in which the defendant was involved in the licensing crime are examined.

참조조문

-형법

참조판례

-대법원 2005. 4. 29. 선고 2003도6056 판결

유사 판례

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-수원지방법원 2018.11.07 2018노4358

-창원지방법원 2016.04.28 2016노524