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(영문) 대구고등법원 2015.05.14 2014노596
준강간방조
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant case, the Defendant did not anticipate that Co-Defendant A (hereinafter “A”) was able to prevent the victim from committing the crime of quasi-rape, and there was no intention to assist the Defendant.

Nevertheless, the court below found the defendant guilty of facts charged. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination on the grounds for appeal

A. 1) As to the assertion of mistake of facts, aiding and abetting under the Criminal Act refers to any direct or indirect act that facilitates the commission of a principal offender with the knowledge that the principal offender is committing a crime, and aiding and abetting such aiding and abetting not only refers to tangible and material aiding and abetting but also an intangible and psychological aiding and abetting act, such as strengthening the resolution of the crime to the principal offender.

(B) A crime of aiding and abetting (see, e.g., Supreme Court Decision 96Do2427, Jan. 24, 1997) is established in cases where a principal offender committed an act of aiding and abetting and abetting and aiding and abetting the commission of a principal offender during the commission of the principal offender (see, e.g., Supreme Court Decision 95Do2551, Sept. 6, 1996). C) A crime of aiding and abetting and abetting and aiding and abetting (see, e.g., Supreme Court Decision 95Do2551, Sept. 6, 1996) is established in cases where the principal offender committed an act of aiding and abetting and abetting the principal offender and that the principal offender’s act constitutes an act of aiding and abetting and abetting the principal offender. However, if the principal denies and abetting, it is inevitable to prove by a method of proving indirect facts having considerable relation with the principal offender in light of the nature of the object, and what constitutes an indirect fact that has considerable relation to the principal.

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