logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2019.09.25 2019노1550
사기방조등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) The judgment of the court below that found the Defendant guilty of the facts charged in this case, despite the fact that the Defendant had never known that his act was related to the phishing crime, is erroneous in the misunderstanding of facts.

(2) The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. Since aiding and abetting under the Criminal Act regarding the Defendant’s assertion of mistake of facts refers to direct and indirect acts that facilitate the commission of a principal offender with the knowledge that the principal offender committed a crime, aiding and abetting and abetting the principal offender should have the intention to commit the so-called aiding and abetting and that the principal offender’s act constitutes an element of a crime.

However, inasmuch as such intent is an in-depth fact, in a case where a defendant denies it, it is inevitable to prove indirect facts having considerable relevance with an intention due to the nature of an object. In such a case, what constitutes indirect facts having considerable relevance with an intention is based on normal empirical rule, and there is no other way to reasonably determine the connection status of the fact by means of an in-depth observation or analysis power based on the normal empirical rule.

In addition, in the case of aiding and abetting, the intention of the principal offender is not required to recognize the specific contents of the crime realized by the principal offender, but is sufficient to dolusence or prediction.

(See Supreme Court Decision 2003Do6056 Decided April 29, 2005, etc.). The circumstances found by the evidence duly adopted and investigated by the court below, i.e., the defendant, under the direction of the "Z team leader" in the name of a person who was unable to know his/her personal information, moves several places to another place and receives money from the person who first occurred, and again, the defendant, at the request of the "Z team leader leader".

arrow