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(영문) 서울중앙지방법원 2017.03.31 2017노73

특정범죄가중처벌등에관한법률위반(절도)

Text

Defendant

All appeals filed by A and B and by the Prosecutor against the Defendant B and C are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (a 3 years of imprisonment and confiscation) against Defendant A is too unreasonable.

B. Defendant B (1) misunderstanding the facts as to the acquisition of stolen property and misunderstanding the legal principles, Defendant B’s misunderstandings that they received from Defendant B is not a high-priced precious metal, and Defendant B merely received a request from Defendant B for the abandonment of the above malicious book, and thus, it cannot be deemed that he acquired stolen property.

2) The sentence sentenced by the lower court to Defendant B, who was unfair in sentencing, is too unreasonable.

(c)

The above-mentioned punishment imposed by the court below on Defendant B and the sentence imposed on Defendant C (one million won in penalty) are too unhued and unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly admitted and investigated by the court below regarding Defendant B’s assertion of misunderstanding the facts and misapprehension of the legal principles, Defendant B may sufficiently recognize the fact that Defendant B acquired 15 precious metal (hereinafter “the precious metal of this case”) with the knowledge that it is a stolen.

① A classified the stolen objects and delivered them to Defendant B, and Defendant B mediated the disposal of precious metals, including the remainder of the instant precious metals, except for the instant precious metals.

Therefore, Defendant B clearly recognized that the precious metal of this case is part of the stolen goods A.

The decision is judged.

② As alleged by Defendant B, even if the instant precious metal is not a lux brand product, or its luxability falls into the stolen product, it does not change the fact that the instant precious metal, which A stolen, constitutes the stolen product.

(3) At the investigative agency, A classified the stolen articles by himself, and disposed of the remainder with the precious metal of this case by Defendant B to Defendant B.

was stated.

In addition, A.I. is also a thing which is to be abandoned.