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The judgment of the court below is reversed, and the case is remanded to Cheongju District Court Panel Division.
Reasons
The grounds of appeal are examined.
1. The term "act of attempting to escape" in the crime of attempting to escape an offender as prescribed by Article 151 of the Criminal Act means any act which makes it difficult or impossible to function as a criminal justice, such as investigation, trial, execution of sentence, etc. by any means other than concealment;
(see, e.g., Supreme Court Decision 2007Do11137, Dec. 24, 2008). Meanwhile, an offender’s act of escape is not subject to punishment. Thus, an offender’s act of requesting another person to assist in escape is not subject to punishment as long as it falls under the category of the act of escape. This also applies where another person’s act of aiding the offender at the request of the offender constitutes an offense of escape.
However, if it can be seen as an abuse of right of defense, such as the case where a person makes another person make a person make a false confession, etc., the crime of aiding and abetting a criminal may be deemed as an abuse of right of defense.
(1) The Supreme Court Decision 200Do20 Decided March 24, 2000, etc. (see, e.g., Supreme Court Decision 2000Do20, Mar. 24, 2000). Whether a defense right can be seen as abuse of a defense right should be determined by comprehensively taking account of the following: the form and content of the act, the relationship between the offender and the offender, the specific situation at the time of
2. Of the facts charged in the instant case, the lower court found the Defendant guilty of aiding and abetting the Defendant to respond to the Defendant’s request by requesting the TPP to move a vehicle to the destination desired by using the vehicle, or by requesting the 's Madphone’ to ask for an Madphone.
3. However, the lower court’s determination is difficult to accept.
The following circumstances, i.e., AP, which are duly admitted by the evidence duly admitted by the court below, have been close to the defendant.