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(영문) 서울서부지방법원 2017.03.23 2016노1419

장물취득등

Text

The part of the judgment of the court of first instance and the judgment of the court of second instance (including the part of the acquittal) shall be reversed, respectively.

Defendant shall be punished by imprisonment.

Reasons

1. Scope of the judgment of this court;

A. The first instance court, after the lapse of the first instance trial, found the Defendant guilty of all the charges in the attached list of crimes (A), and sentenced the Defendant to one year of imprisonment. The second instance court found the Defendant guilty of all of the charges in the attached list of crimes (A), and sentenced the Defendant to ten months of imprisonment with prison labor, recognizing the Defendant guilty of some of the charges in the acquisition of stolens in the attached list of crimes (the portion exceeding 34,400,000 of the first time exceeds 34,40,000 of the first time).

B. On the grounds of misunderstanding of facts, misunderstanding of legal principles and unreasonable sentencing, the Defendant appealed each of the judgment below on the grounds of misunderstanding of facts or misunderstanding of facts as to unfair sentencing and partial innocence. The judgment of the court below prior to returning 5, 7, 9 through 11, 17, 19, 28, 30, 39 and 5 of the annexed crime list (1) 14, 716, 969 and 37, 136, 36, 37, 47, 37, 47, 97, 37, 279 and 47, 37, 36, 37, 37, 47, 279 and 97 among the annexed crimes list (a) 2, 30,000, 300, 12, 361, 381, 381, 20, 237, 236, 2374

(c)

The judgment of the court of final appeal, which was remanded to the court of final appeal, has been remanded to both parties, and the judgment of the court of final appeal is rejected most of the grounds for appeal as to mistake of facts and misunderstanding of legal principles.