(영문) 수원지방법원 2014.09.04 2014노3218 | 리걸엔진

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(영문) 수원지방법원 2014.09.04 2014노3218

장물취득

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The judgment below

Each part of the crimes in the attached Table 4, 10, 20 shall be reversed in the judgment of the court.

Defendant shall be punished by imprisonment.

Reasons

1. The summary of the grounds for appeal is as follows: The sentence of the lower court [the crime No. 1 to No. 3, and No. 5 through No. 9 in the annexed crime list in the original judgment (hereinafter “the crime No. 1, etc.”)]

(3) As to each of the crimes listed in [Attachment 4] Nos. 4, 10, 200 won and [Attachment 4] No. 4, 10, 200 won in the judgment of the court below (hereinafter “No. 4 crime

(i)8 months of imprisonment and confiscation for a period of eight (8) months or more;

2. Determination

A. It is reasonable to take into account the following circumstances: (a) the Defendant’s erroneous determination of the allegation of unfair sentencing on the part of the crime No. 1, including the crime of violation of the Punishment of Violences, etc. Act (collectively weapons, etc.) which has become final and conclusive, and the need to consider equity with the case where the judgment is rendered simultaneously with the crime of violation of the Punishment of Violences, etc. Act. However, the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the

B. Article 33(1) of the Criminal Procedure Act provides that ex officio determination of the part concerning the crime No. 4, etc. of the judgment provides that the return of seized stolen stolen property, the reason for return of which to the victim is clear, shall be made by the judgment. According to the records, three smartphones and one Viber smartphone (No. 2469, No. 2469, No. 2469, Jun. 3, 201), which was seized by the defendant, are stolen by the crime No. 4, etc. of the judgment.

참조조문

-폭력행위 등 처벌에 관한 법률

-형사소송법 제333조 제1항

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