[1] In a case where an offender makes a relative, etc. who is not subject to punishment under Article 151(2) of the Criminal Act for himself/herself make another person make a false confession and thereby makes another person commit a crime of aiding and abetting an offender, whether the crime of aiding and abetting an offender is established (affirmative)

[2] Whether an act of causing a person who caused an accident due to driving without a license to leave his/her life on behalf of the police station to be investigated as a criminal suspect constitutes a crime of aiding and abetting a criminal suspect (affirmative)

[1] The act of allowing another person to make himself/herself make a false confession on behalf of himself/herself to commit the crime of aiding and abetting the criminal through abuse of his/her right of defense constitutes the crime of aiding and abetting the criminal. In this case, the other person is a relative, head of household, or a family living together who does not receive punishment under Article 151(2) of the Criminal Act and does not change.

[2] An act of causing a person who caused an accident to drive without a license to leave his/her life on behalf of the police station to be investigated as a suspect constitutes a crime of aiding and abetting a criminal suspect.

[1] Articles 31, 151(1) and (2) of the Criminal Act / [2] Articles 31, 151(1) and (2) of the Criminal Act

[1] Supreme Court Decision 2000Do20 decided Mar. 24, 2000 (Gong2000Sang, 1106)

Defendant

Prosecutor

Daejeon District Court Decision 2004No3164 Decided May 12, 2005

The non-guilty part of the judgment below shall be reversed, and that part of the case shall be remanded to Daejeon District Court Panel Division.

We examine the grounds of appeal.

According to the reasoning of the judgment below, the court below held that the defendant who instigated the defendant to escape from the crime of this case by making a false statement at the Daejeon East-dong Police Station's office of traffic accident investigation into the Daejeon Police Station, which stated that "in order for the defendant to not be aware of the fact that he was driven by a police station due to an accident of driving the Rad-car and driving the Rad-car without a license and driving the Rad-car with a driver's license, and caused the accident of driving the lad-car with a driver's license, it cannot be deemed that the defendant committed an act of another person and caused a new criminal to realize the crime, and it cannot be deemed that the defendant violated his right of defense and it does not constitute a typical crime of abuse of self-defense.

However, the act of allowing another person to make himself/herself make a false confession and thereby committing a crime of aiding and abetting a criminal through abuse of his/her right of defense constitutes a crime of aiding and abetting a criminal (see Supreme Court Decision 2000Do20, Mar. 24, 200). In this case, the other person is not a relative who is not punished under Article 151(2) of the Criminal Act, or a family member living together with the head of family or head of family.

Therefore, the judgment of the court below is erroneous in the misapprehension of legal principles as to the crime of aiding and abetting an offender, which affected the conclusion of the judgment, and the prosecutor's appeal pointing this out is justified

Therefore, the non-guilty part of the judgment of the court below shall be reversed, and the case shall be remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Jeon Soo-ahn (Presiding Justice)