logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2015.11.05 2015재노2
특정범죄가중처벌등에관한법률위반(통화위조)등
Text

1. The part of the judgment of the court below against the defendant is reversed.

2. The first-A of the judgment of the defendant

The crimes as well as the 2-A.

Reasons

1. According to the progress records of the case, the following facts are recognized.

A. On January 24, 2014, the Defendant was sentenced to imprisonment with prison labor for one year and six months and three years for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Cases Concerning the Aggravated Punishment, etc.”) in Daegu District Court 2013Gohap372, 385 (Merger).

B. On July 24, 2014, the lower court accepted the Defendant’s assertion of mistake of facts or misapprehension of legal principles, and reversed the lower judgment and sentenced the Defendant to one year and six months of imprisonment, three years of suspended execution, and two years and six months of imprisonment.

(hereinafter “Subject Decision on Review”). The Defendant filed an appeal with Supreme Court Decision 2014Do10672, but on October 27, 2014, the final judgment for review became final and conclusive on the grounds that the final appeal was dismissed.

C. After that, the Defendant filed a petition for a new trial on the grounds that Article 10 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 207(4) of the Criminal Act are unconstitutional, and this Court rendered a decision to commence a new trial on August 24, 2015, and the said decision to commence a new trial became final and conclusive as it has no legitimate filing of an appeal within the filing period.

2. The summary of the grounds for appeal (one year and six months of imprisonment and three years of imprisonment) of the lower court is too unreasonable; and

(3) The defendant asserts that there was an error of misunderstanding of facts or misunderstanding of legal principles in the judgment of the court below, but the above argument was withdrawn on the third trial of the court of first instance after the commencement of the retrial).

Article 10 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 207 (4) and (3) of the Criminal Act shall be construed as “import of counterfeited foreign currency” and “disfiscing foreign currency” in the facts charged against the defendant in the trial of the court of the trial, and Article 207 (4) and (3) of the Criminal Act shall be construed as “Article 207 (4) and (3) of the Criminal Act.”

arrow