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(영문) 서울고등법원 2018.07.19 2018노124

현주건조물방화등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The confessions made by the defendant to an investigative agency about misunderstanding of facts, misunderstanding of the legal principles (the smuggling import part of philophones) are not reliable, and there is no proof of reinforcement as to the confession.

B. The punishment sentenced by the lower court (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s judgment as to the assertion of misunderstanding of facts and the evidence duly admitted and investigated by the trial court and the trial court, namely, ① the Defendant wanted to self-denunciation and made an investigation agency to find out the fact of calculon medication, and specifically stated the details of and the process for importing calculon from Cambodia by using Toy, and accordingly, the investigation into the calculon smuggling importation was initiated. ② The Defendant reversed the Defendant’s statement at the investigation agency, even though the Defendant was the J against the other party to the calculon importation, and reversed the Defendant’s statement again. However, the Defendant did not dispute the fact of importing calculon itself; ③ The process and circumstance of importing calculon, the Defendant’s statement on the time and circumstances at that time coincide with the Defendant’s statement on calculon medication, and the Defendant’s statement on the calculon importation to a certain extent consistent with the Defendant’s monetary support to the extent that the Defendant was cal.

I was subject to a disposition that is not suspected of being suspected of having been taken in China at the time, and J was indicted by the defendant's statement unless there is objective evidence against the other party, but the other party of the smuggling import is specified by the defendant's statement. As such, the defendant was recognized by the investigation agency as to the other party, and the other party was indicted by the reversal of the statement only against the other party.