Whether the crime of aiding and abetting an offender is established in case where the offender makes another person make a false confession on behalf of himself/herself to commit the crime of aiding and abetting another person to commit the crime (affirmative)

The act of allowing anyone to make another person make a false confession for himself/herself to commit the crime of aiding and abetting the criminal by abusing his/her right of defense constitutes the crime of aiding and abetting the criminal.

Articles 31 and 151 of the Criminal Act

Defendant

Defendant

Gwangju District Court Decision 99No174 delivered on December 10, 1999

The appeal is dismissed.

We examine the grounds of appeal.

Examining the employment evidence of the court below and the court of first instance cited by the court below in light of the records, it can sufficiently recognize the defendant's violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the crime of aiding and abetting criminals, and it cannot be deemed that the court below did not properly conduct a hearing as otherwise alleged in the ground of appeal, or that there was an

The act of allowing another person to make a person make a false confession for himself/herself and leading another person to commit the crime of aiding and abetting a criminal through abuse of his/her right of defense constitutes the crime of aiding and abetting a criminal. Therefore, the court below's decision maintaining the judgment of the court of first instance which punished the defendant as the crime of aiding and abetting a criminal shall be justified, and there is no error of law by misunderstanding the legal principles as to the crime of aiding and abetting

In addition, in this case where the defendant was sentenced to a sentence of less than 10 years of imprisonment, the reason that the sentencing of the court below is unreasonable is not a legitimate ground for appeal.

All of the grounds of appeal cannot be accepted.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Yoon Jae-sik (Presiding Justice)