(영문) 수원지방법원 2020.11.19 2020노3773 | 리걸엔진

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자간(%)

(영문) 수원지방법원 2020.11.19 2020노3773

특수도주등

Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

Summary of Grounds for Appeal

A. 1) misunderstanding of the legal principles against Defendant A (not guilty of the grounds for special escape) should be deemed to have reached the conclusion of the crime of escape when the person arrested as to Defendant A deviates from the detention facility. As such, insofar as Defendant A deviates from the police box at the time of the instant case, the crime of special escape constitutes the period of the crime of special escape. Nevertheless, the lower court recognized the crime of attempted special escape and rendered a not guilty verdict on the charge of special escape on the grounds of the facts charged. In so doing, it erred by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment. 2) The lower court’s sentence of unfair sentencing (

B. The lower court’s punishment (one year of imprisonment and two years of suspended execution) against Defendant B is too unhued and unreasonable.

2. Judgment on the misapprehension of legal principles as to Defendant A

A. The summary of this part of the facts charged (hereinafter referred to as “Defendant A”, “Defendant B”, and “B” as indicated in paragraph (1) of the judgment of the court below, and Defendant B was arrested as a flagrant offender on May 4, 2020 and transferred to the G police box located in the F in Ansan City, after being arrested as a flagrant offender on May 4, 2020, around 00:10 and around 00:10.

B was injured at the time due to an accident that occurred at the time, and was in the state of escape from the scam. As such, police officers assigned to the above G police box, after cutting the wall to B, after cutting off the wall to B, incurred treatment of the scam, and then connected B’s right hand hand hand and the Defendant’s left hand hand with one scam. However, they sticked the keys of the relevant waterway.

B, around 01:20 on May 4, 2020, discovered a key to a lock and proposed the Defendant to have fleded. The Defendant and B consented thereto, and the police officers affiliated with the G police box set up a letter of flagrant arrest, etc., and escaped through the entrance.

In this respect.

유사 판례

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-서울중앙지방법원 2014.10.01 2014노2585

-춘천지방법원 영월지원 2015.03.27 2014고단627