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(영문) 대전지방법원 2016.02.05 2015노3511
범인도피교사등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the statement, etc. at the investigative agency of H as to the facts, the lower court acquitted the Defendant on the charge of aiding and abetting the criminal, even though H could have acknowledged that the criminal had committed an act of avoiding by the Defendant’s aid and abetting the criminal.

B. The punishment sentenced by the lower court (one year of imprisonment) is too heavy or unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged in this part of the facts charged was between H and his/her friendship, upon the request of H to lend the name in operating the game room to H on July 2014, upon the request of H’s consent, the Defendant operated the game room in the name of H from July 17, 2014.

On February 3, 2015, the Defendant committed a crackdown on illegal money exchange business to the police. On February 4, 2015, the Defendant asked H to make a statement as if H was the owner of the said game site, and asked H to make a statement as if H was the owner of the said game site.

Thus, on February 4, 2015, the Defendant had H make a false statement to the police officer J, who is investigating the control of illegal money exchange business at the Bocheon Police Station located in Bocheon-dong 171, Seocheon-dong, Seocheon-si, 171, to the effect that H is the owner of the above game site.

As a result, the defendant instigated a person who commits a crime corresponding to a fine or heavier punishment to escape.

B. The lower court’s determination reveals the relevant legal principles: (a) by having been present at an investigative agency to make a statement that he/she is the actual owner of the “EMM” and thereby having committed an act of avoiding a crime, H was investigated by the prosecutor’s office; and (b) caused such false statement upon the Defendant’s request.

Although there are the stated statements, the court of the court below stated that "not directly upon the request of the defendant A, the false statement was not made nor it was the owner of the game room."

Defendant A’s defect is “Irri.”

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