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(영문) 서울중앙지방법원 2014.06.12 2014노544
특정범죄가중처벌등에관한법률위반(장물)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Nos. 14, 15, 18, 19, 20, 21, and 23, respectively, of seized evidence.

Reasons

1. Summary of grounds for appeal;

A. Error of fact (as to the acquisition of stolen property), the Defendant only driven a motor vehicle for F, but did not know that the mobile phone acquired by F was stolen.

B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment and the return of the victim) is too unreasonable.

2. Determination

A. Determination 1 ex officio prior to the judgment on the grounds of appeal, the prosecutor conducted an ex officio examination, and among the facts charged regarding the acquisition of stolen goods against the defendant at the trial of the party, "At around December 21, 2012, from L to new forest areas located in the Gwanak-gu, Seoul Special Metropolitan City, about 21:00, the prosecutor was aware of the fact that the price for gallon 2 smartphone 1 was stolen from L, which is the victim M, and at least 2.30,000 won, it was purchased from 10,000 won to 2.30,000,000 won, and the investigation agency was found guilty of the defendant and the defendant from 10,000 to 21,000,0000 won, including the above list of cellphone 10,000,0000 won, and the defendant and the defendant's cellphone 20,000,000 won."

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