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The portion of collection among the judgment of the court below shall be reversed.
6,363,00 won shall be additionally collected from the defendant.
The remainder of the defendant.
Reasons
Summary of Grounds for Appeal
Of the facts charged by the lower court, the part of Paragraph 6 of Article 2014 [the part that provided R with 3g g gramphones around July 5, 2012] among the facts charged by mistake of facts, the Defendant provided R with phiphones, but the date of the crime was not July 5, 2012.
Nevertheless, the judgment of the court below which found the defendant guilty of this part of the facts charged without accurately specifying the date of crime is erroneous in mistake of facts.
The sentencing of the lower court on unreasonable sentencing (2014 highest 991, 3899: imprisonment with prison labor for one year, confiscation, additional collection, and 2014 highest 6076: imprisonment for 4 months and additional collection) is too unreasonable.
Collection(10,363,00 won) is more than that of the prosecutor and is unfair.
Judgment
Defendant (Appellant) and defense counsel did not make any assertion of mistake even when submitting a statement of grounds for appeal to the lower court and this court. All facts charged are recognized, but only the sentencing is unreasonable, and the appellate court received the notification of the receipt of the appellate trial trial trial trial trial record (Defendant: Defendant: Defendant on January 13, 2015; Defendant: Defense Counsel: February 13, 2015), and Defendant asserted such misconception of facts only on the date of the trial of March 10, 2015, for which the lawful statement of grounds for appeal was not timely filed.
An appellant or defense counsel shall submit a statement of grounds for appeal to the appellate court within 20 days from the date on which he/she received the notification of receipt of the trial records (Article 361-3(1) of the Criminal Procedure Act), and even if the matters not included in the statement of grounds for appeal are stated in the appellate court, such circumstance alone cannot be deemed as constituting grounds for appeal as alleged in the statement of grounds for appeal, and the judgment of the appellate court shall be subject to grounds for appeal
(see, e.g., Supreme Court Decision 2006Do8488, May 31, 2007; Supreme Court Decision 2014Do5503, Jul. 10, 2014). Therefore, the Defendant’s assertion of mistake of facts is based on the grounds for appeal.