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(영문) 대전지방법원 2014.07.24 2014노1255

장물취득

Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for nine months.

Seized evidence No. 106.

Reasons

1. Summary of grounds for appeal;

A. Although 1.7 million won out of the cash confiscated by Defendant A (Defendant A) was unrelated to the instant case, the court below erred by misapprehending the legal principles or misapprehending the legal principles, even in the case of the said cash, even though it was unrelated to the instant case.

B. Each sentence (Defendant A: Imprisonment with prison labor for 6 months, Defendant B: imprisonment for 1 year, Defendant C: imprisonment for 8 months) declared by the court below on unreasonable sentencing is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court based on the evidence duly adopted and investigated by the lower court to determine the misunderstanding of facts and misapprehension of legal principles regarding Defendant A, namely, ① the police discovered in the Defendant’s bank room and discovered the scene where the Defendant A frequently moved out with H in order to arrest the Defendant, which is the upper line of view, and seized the vehicles on which the Defendant was on board while emergency arrest. ② At the time of the Defendant’s vehicle, there were 29 mobile phones and 18 mobile phones, which are stolen, and there were 50,00 won closed, 40, 500 won closed, 50, 500 won closed, 30,000 won closed, and 2,043,00 won came to exist within the Defendant’s bank, and ③ the Defendant’s mobile phone number and 200,000 won was actually purchased or lost from the Defendant’s mobile phone, and the Defendant’s mobile phone number and 300,000 won was actually purchased or lost from the Defendant’s mobile phone.