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(영문) 울산지방법원 2015.05.22 2015노116
범인도피등
Text

The prosecutor's appeal is dismissed.

Reasons

1. As to the part of the judgment of the court below on the acquittal of the defendant, since the defendant was investigated as a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents that occurred by A driving, and the defendant concealed A, who was a criminal, and actively induced an investigation agency to escape by actively deceiving him as a driver, the above defendant's act constitutes a crime of capital flight. However, the court below acquitted the defendant on this part of the facts charged. Thus, the court below erred by misapprehending the legal principles

2. On August 26, 2014, the Defendant: (a) around 19:20, at the front of the H restaurant located in Yangsan-si, the Defendant: (b) brought about the death of the I by causing a traffic accident by driving a Ha in front of the H restaurant without a car driver’s license; (c) the Defendant was asked by a policeman affiliated with the K group of the Yangsan Police Station, who was driving the said Hamck’s vehicle; (d) the Defendant was the borrower of the said Hamck’s vehicle; (c) the Defendant was driving the said Hamck’s vehicle at the K group of the Yangsan Police Station; and (d) made a false statement on the accident-related statement issued by the said Hamck’s Police Officer; and (d) continued to submit the said statement to the said Hamck’s owner by stating

As a result, the defendant got A who committed a crime corresponding to a fine or heavier punishment to escape.

3. On August 26, 2014, the lower court rendered a false statement that “Defendant A was driving a Fone Star vehicle to a police officer who received the report of the instant traffic accident on August 19:26, 2014, and stated that he/she driven the said vehicle at the traffic survey office of the Yangsan Police Station on the same day, but at the traffic survey office of the Yangsan Police Station on the same day, he/she made a false statement, however, at around 20:00 on the same day, A stated that he/she was immediately driving when investigating A as a witness.

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