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The prosecutor's appeal is dismissed.
Reasons
1. According to the evidence submitted by the prosecutor (misunderstanding of facts), the defendant sufficiently recognized that he/she had delivered a vehicle siren while recognizing the fact that he/she had committed a crime corresponding to a fine or heavier punishment by a co-defendant A (hereinafter “A”) of the first instance trial, in the course of committing an escape.
Nevertheless, the court below held that the defendant had the intention to avoid committing the crime.
The court judged that there is no evidence that there is no evidence to determine the person, and pronounced innocence.
2. Determination
A. On September 2, 2015, around 17:00 on September 2, 2015, the Defendant: (a) knew of the fact that he/she was committing a crime corresponding to a fine or heavier punishment by purchasing stolen goods from the Hanyang University located in Seongdong-gu Seoul Metropolitan Government; (b) but was aware of the fact that he/she was committing a crime corresponding to a fine or higher punishment, the Defendant, despite having known of the fact that he/she was traveling, made it easy for
As a result, the defendant had a person who committed a crime corresponding to a fine or heavier punishment escape.
B. The lower court, based on its stated reasoning, intended to flee A who committed a crime equivalent to a fine or heavier punishment on the sole basis of the statements at A’s investigative agency and court of the lower court, and the statements at AJ police officers, based on the circumstances stated in its reasoning.
The facts charged in this case were found not guilty, and there was no other evidence to prove it.
(c)
In light of the circumstances acknowledged by the court below, there is insufficient evidence to prove that the court below had the intent to escape A who committed a crime equivalent to a fine or heavier punishment, in light of the following circumstances acknowledged by each evidence duly adopted and investigated by the court below.
The judgment of the court below is just, and there are errors as alleged by the prosecutor.
subsection (b) of this section.
(1) A is good for the police to ascertain whether the defendant was aware of his/her escape, and for the situation of "(the principal)".