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Main Issues
The case affirming the court below's decision that found the defendant guilty of the crime of aiding and abetting an ex officio without going through amendments to Bill of Indictment in the case prosecuted due to force murder resolution
[Reference Provisions]
[1] Articles 254 and 298 of the Criminal Procedure Act, Articles 252(2) and 253 of the Criminal Act
Defendant
Defendant
Appellant
Defendant
Defense Counsel
Law Firm International Law Firm, Attorneys Shin Jae-soo et al.
Judgment of the lower court
Busan High Court Decision 2005No193 delivered on July 21, 2005
Text
The appeal is dismissed. 5 days out of detention days after the appeal shall be included in the original sentence.
Reasons
1. Judgment on the first ground for appeal
Examining the evidence admitted by the court below in light of the records, the judgment of the court below which found the defendant guilty of the crime is acceptable, and there is no violation of the rules of evidence as alleged in the grounds of appeal, or of misapprehending the legal principles as to the criminal intent of suicide.
2. Judgment on the second ground for appeal
In light of the records, the court below is justified in finding the defendant guilty of the crime of aiding and abetting a suicide in relation to the crime of aiding and abetting a threat of force and the crime of aiding and abetting a victim to commit a suicide, since the crime of aiding and abetting a victim to commit a suicide was included in the crime of aiding and abetting a victim to commit a suicide, and even if the defendant is punished as a crime of aiding and abetting a victim to commit a suicide, it cannot be deemed that the crime of aiding and abetting a victim to commit a crime of aiding and abetting a victim to commit a crime of aiding and abetting a victim to commit a crime of aiding and abetting a crime of aiding and abetting a victim to commit a crime of
3. Therefore, the appeal shall be dismissed, and 55 days of detention days after the appeal shall be included in the principal sentence. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Yang Sung-tae (Presiding Justice)