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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. On December 22, 2012, the Defendant of the instant facts charged: (a) around 22:15, on the front side of Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant did not have a cab to get a taxi together with the Defendant.
D, who is a taxi engineer, tried to commit violence, such as taking a bath that C did not take a taxi, taking seven faces of D in drinking, making D's face as a drinking, and making D's face as a drinking again.
Accordingly, the defendant, who was found to have reported D 112, prevented D from filing 112 reports by putting D's arms and cutting Handphones, and prevented the defendant from holding D's body by hand.
As a result, the Defendant got C to escape a crime corresponding to a fine or heavier punishment.
2. The court of the court below held that the defendant's act as stated in the facts charged is generally acknowledged, but it is not directly related to 112 declaration and C's escape, and it is difficult to evaluate the defendant as an escape act that prevents D from making the defendant report 112, barring any special circumstances, that the defendant interfered with D's arrest. The crime of escape of the defendant is limited to the State's detention or criminal justice action, and is subject to punishment for personal escape in criminal justice. The crime of escape of the defendant is limited to the punishment for personal escape in criminal justice. Since the defendant prevented the arrest of a private person D's flagrant offender, it is difficult to immediately rate the criminal's escape as a crime, and it is difficult to recognize the defendant's criminal intent that "the person who committed a crime corresponding to a fine or heavier punishment" beyond his/her intention to speak his/her friendship is guilty.
3. The gist of the prosecutor's appeal is the abstract dangerous crime and the crime of escape of the offender is established even in the absence of the investigation of the offender.