특정범죄가중처벌등에관한법률위반(장물)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four years.
1. Summary of grounds for appeal;
A. Fact-misunderstanding ① The same case is recorded in duplicate with regard to the facts stated in the annexed crime No. 16,17 in the annexed crime list of the judgment below. ② there is no computer-related goods from among the stolen items acquired by the defendant with regard to the facts stated in the annexed crime No. 23 in the annexed crime list of the judgment below. ③ The defendant did not obtain low toxic smoke, etc. with regard to the facts stated in the annexed crime No. 28 in the annexed crime list of the judgment below. ④ The defendant did not acquire the vehicle as stolen (the defendant explicitly withdraws his assertion on the date of the second public trial of the judgment of the court below as to the facts related to each of the facts stated in the annexed crime No. 39,45,60,75 in the annexed crime list No. 39, 45, 60,75 in the annexed crime list of the judgment below.
In addition, on June 1, 2016, the Defendant and the defense counsel added the grounds for appeal on the grounds of misconception of facts related to each crime listed in the annexed crime list No. 31,88 of the judgment of the court below on the grounds of the appeal. However, this cannot be a legitimate ground for appeal since it was asserted after the lapse of the period for appeal.
The punishment of the court below (4 years of imprisonment) which is unfair in sentencing is too unreasonable.
2. Determination
A. Before the judgment on the grounds of ex officio appeal, the prosecutor shall examine ex officio prior to the judgment on the grounds of appeal, and the prosecutor shall change the defendant's "within 89 times in total" of 13,4,54,76, and79 of the last criminal facts of the judgment of the court below to "84 times in total." The defendant shall delete the criminal facts of the attached Table 13,4,54,76, and79 of the judgment of the court below, and "do 19,070,000 won, such as bring, crying, crying, crying, etc., 15,970,00 won," from "10,000 won, such as cryp, filling, filling, crying, 5,300,000 won to "10,000 won, 39,0000 won, 39,000 won, 39,000 won."