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(영문) 서울중앙지방법원 2015.11.18 2015고단5083
범인도피교사등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 02:00 on January 28, 2015, the Defendant, without a vehicle driver’s license, driven an E-Ad-d-car at a section of approximately 300 meters from the front day of the Kuro-gu Seoul Metropolitan Government Mad-dong route to the front bus stops in front of the Dongmo-gu Mad-dong Mad-dong bus.

2. On January 28, 2015, the Defendant: (a) stated that “On the ground of illegal parking, the Defendant would pay a traffic stroker penalty to G, who was employed as an instructor at the Defendant’s driving driving school on January 28, 2015, when the Defendant illegally parked the said AD car after driving without a license and received a request for attendance from the F police box; and (b) on the other hand, the Defendant said that “On the other hand, the Defendant would pay the traffic stick penalty when he was present at the police instead of driving.”

On January 29, 2015, at around 13:35, the Defendant: (a) sent G to the F patrol box of the Sejong Police Station; and (b) driven by the Defendant himself a car with a ice on January 28, 2015, to the Inspector H.

'The purpose of this article is to induce the escape of criminals by making false confessions to the purport of this article.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused and G by the prosecution;

1. A H statement;

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning criminal facts, Articles 152 subparag. 1 and 43 of the Road Traffic Act (unlicensed Driving) and Articles 151(1) and 31 of the Criminal Act, and the choice of imprisonment [In light of the contents requested by the defendant to G and the fact that G made a false confession to the police officer actually, the crime of aiding and abetting the defendant to commit criminal shall be established, and it shall not be deemed that G was immediately discovered to the police officer, and that there is a situation where G was a true and correct statement as he was discovered to the police officer];

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The defendant with reasons for sentencing under Article 62-2 of the Criminal Act shall be five times.

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