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(영문) 서울고등법원 2015.06.12 2015노1199
상습장물취득
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts: (a) Defendant 1 had the obligation to repay to F; (b) was liable for the said obligation by remitting money to G upon F’s request; and (c) was not aware of G’s purchase of stolen cell phone; (b) the lower court recognized that the Defendant aided and abetted the Defendant to commit the crime of acquiring stolen goods from F and G; (c) was erroneous in matters of mistake of facts; (d) imprisonment (ten months) imposed by the lower court on the Defendant is too unreasonable.

B. According to the evidence submitted by the prosecutor of the facts-finding trial, although the defendant could have acquired 8 mobile phoness habitually, such as F and G, as stated in paragraph (2) of the facts charged, the judgment of the court below which acquitted the defendant of the above facts charged on the ground that the defendant aided and abetted the crime of acquiring stolen goods by F and G, and that it is not sufficient to deem that the above crime was committed in collusion with the above crime, there was an error of mistake of facts. 2) The sentence imposed by the court below of unfair sentencing is too un

2. Determination

A. The Defendant asserted that the mistake of facts was identical to the above assertion of mistake of facts in the court below, and the court below rejected the above assertion by giving a detailed statement on the decision.

Examining the following circumstances acknowledged by the court below based on the evidence duly admitted and investigated by the court below, the court below’s determination is just, and there was no error of mistake of facts as alleged by the defendant.

In the second interrogation of suspect interrogation, the Defendant stated to the effect that “(or purchase of cell phones, which is stolen with F’s instructions) no longer than money has ceased to work for the employees of the same office to do such work, and as such, he left to work for another person (F).” (Evidence No. 273 pages).

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