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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment shall be imposed for a period of two years from the date this judgment became final.
Reasons
1. Summary of grounds for appeal;
A. Of the facts charged in the instant case of mistake of facts, the lower court found the Defendant guilty of the aforementioned facts charged even though the Defendant did not have the intent to punish a person who was unable to obtain his name.
B. The sentence imposed by the lower court on the Defendant (one year and six months of imprisonment, three years of suspended execution, one of 120 hours of community service order, and probation) is too unreasonable.
2. Determination
A. 1) Determination of the assertion of mistake of facts is based on the legal stability of an individual who is not subject to investigation or disciplinary procedure, and thus, the accused person must be objectively specified in the crime. However, in the crime without accusation, it cannot be deemed that a specific meaning is required at the time of reporting the identity of the accused person at the time of reporting the crime, and if the criteria for the person to be exercised the investigative right which is deferred by the details of the crime, the appearance, etc. are extracted, the accused person may be deemed specified. In this case, if the accused reports the vehicle stolen, the investigative agency may doubt the person who occupies the vehicle as the suspect of theft, and the investigation shall only commence against the person who currently operates the vehicle or transfers the vehicle after the date of reporting the vehicle. Accordingly, the accused person shall be deemed to be the person who has occupied or occupied the vehicle, who has not been subject to criminal punishment or disciplinary procedure. 2) In order to obtain criminal punishment for the crime without accusation, the purpose of obtaining a criminal punishment or disciplinary disposition is not that the accused person wishes to have been aware of the criminal or disciplinary action due to be taken by a criminal complaint.
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Supreme Court Decision 199Na1088 delivered on May 10, 1991