logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2015.04.28 2014노1329
업무상과실장물취득
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding the defendant acquired from E is a documentary big, and there was no fact that Damond was acquired from E as stolen goods, such as written in the facts charged.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court as to the assertion of mistake of facts, namely, ① the F was stolen, ② the E was stolen from the F, ② the F had a certificate of guarantee and an appraisal as to whether it was stolen, ② the Defendant had two documentary big data held in the lower court, ③ the Defendant submitted two documentary big data, but it is not clear whether two documentary big data submitted by the Defendant were removed from the reflect received from E, etc., the Defendant can be recognized as having acquired two multimonds from E.

B. In full view of the following circumstances: (a) the value of Damond acquired by the Defendant on the assertion of unfair sentencing; (b) the damage recovery has not yet been made until now; and (c) the Defendant has been punished several times for the same kind of crime in the past; and (d) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (e) the circumstances after the crime, etc., as indicated in the instant records and arguments, the lower court’s sentence against

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

arrow