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(영문) 대법원 1969. 1. 21. 선고 68도1474 판결
[특수절도·공문서위조·위조공문서행사·증뢰물전달·장물알선·장물보관·장물취득·업무상과실취득][집17(1)형,010]
Main Issues

The intention of the crime of stolen is sufficient to know that the offender is a stolen, and it is not necessary to specifically know the crime of the principal offender, and the perception is sufficient to do so.

Summary of Judgment

The intention of the crime of stolen is sufficient to know the fact that the offender is stolen, and it is not necessary to specifically know the crime of the principal offender, and the perception is sufficient to do so.

[Reference Provisions]

Article 362 of the Criminal Act

Defendant-Appellant

Defendant 1 and nine others

Defense Counsel

Attorney Ahn Jae-chul et al.

original decision

Seoul High Court Decision 68No265 delivered on September 21, 1968

Text

The respective appeals of Defendant Kim Young-chul, Dong Jong-gu, Dong Jong-dong, Dong Young-gu, Dong Young-gu, and Dong Kimchi are dismissed.

The public prosecutor's appeal against the defendant's boom is dismissed.

The number of days under detention after the appeal shall be included in the principal sentence in the case of the defendant Kim Young-chul, the Dong Jong-gu, the Dong Jong-gu, and the Dong Young-gu.

The part of the original judgment regarding the defendant's completion, Kim Jong-sung, Dong-dong, Dong-dong and Han-dong shall be reversed, and that part of the case shall be remanded to the Seoul High Court.

Reasons

The grounds of appeal by Defendant Kim Young-chan defense counsel, Defendant Jeong-culon, Defendant Lee Young-cul and his defense counsel, and Defendant Kim Kimchi

In the case of this case where imprisonment or imprisonment without prison labor for not less than 10 years with or without prison labor for a period of not less than 10 years for the reason that there was an error in the mistake of facts in the original judgment by denying the facts established in the original judgment, the court cannot accept the argument that there was an error in the misapprehension of legal principles as to co-principal or in the application of law in the original judgment on the premise that

We examine the Prosecutor’s Grounds of Appeal on Defendant Hawk,

Even after comparing the original judgment with the records, it cannot be said that there was an error of violation of the rules of evidence in the deliberation of evidence and the fact-finding which the defendant judged that he had fulfilled his duty of care to purchase the heavy stone of this case. Therefore, there is no ground to discuss this issue.

The Prosecutor’s Grounds of Appeal as to the Defendant’s Completion, Kim Jong-chul, Dong-gu, Dong-gu, and Han-dong

In its reasoning, the original judgment determined that "the defendants' completion of the defendant's course, Kim Jong-sung, and Han-chul, etc., handled by themselves, are all known to have been sold in the city for any political reason, and they stated to have known that they were stolen due to any political reason, such as the facts charged, it cannot be concluded that the defendants knew that they were stolen due to a political reason, and that they were aware that they were leaked."

However, it is sufficient to know that the crime of stolen is an stolen, namely, an stolen, an article illegally obtained by infringing another person's property right, and it does not have to be specifically aware of the principal offender's crime, and its awareness is sufficient with dolusent perception. According to the prosecutor's written examination protocol against the above Defendants, although the above Defendants knew that the above Defendants were illegally leaked from the Heavy Heavy Co., Ltd., the court below did not make a thorough deliberation and did not find out the purport that the above Defendants were illegally leaked, and therefore, it is reasonable to discuss this point.

Therefore, the appeal against the defendant Kim Young-chul, Dong Jong-dong, Dong-dong, Dong-dong Kim Kim-dong, the defendant's each appeal to the same Kim Chang-dong, the defendant's second appeal to the same kimchi, and the defendant's second appeal to the defendant's second appeal to the defendant's second appeal to the Supreme Court is dismissed. In accordance with Article 57 of the Criminal Act, 90 days of the number of detention days after the appeal shall be included in the original sentence. The part concerning the defendant's completion of the original judgment, Dong-dong, Kim Jong-dong, Dong-dong, Dong-dong, Dong-dong, and Dong-dong shall be reversed, and the part of the case shall be remanded to the Seoul High Court,

Supreme Court Judge Round (Presiding Judge) Kim Gi-gim and Hongnam Table

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