(영문) 전주지방법원 2014.10.24 2014노894 | 리걸엔진

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 2014.10.24 2014노894

사기등

Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for ten months;

Reasons

1. The decision of the court below on the gist of the grounds for appeal by the defendant ( Imprisonment with prison labor for a period of one year and six months and confiscation) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, Article 48(1) of the Criminal Act provides that the articles that do not belong to a person other than the criminal or acquired by a person other than the criminal knowing the fact after the crime may be confiscated in whole or in part. Article 48(1) of the Criminal Act provides that the articles that could be confiscated shall be referred to as "goods provided or intended to be provided for an act of crime" under subparagraph 1, subparagraph 2, "goods that have been produced or obtained through an act of crime" under subparagraph 3, and "goods acquired in return for an act of crime under subparagraph 2" under subparagraph 3. According to the evidence duly adopted and examined by the court below, the seizure protocol attached to the records of this case shall include only one evidence attached [LGN North Korea (LGE50] and subparagraph 2 [DHP] of evidence attached to the records of this case, all owners of 1 and evidence 2 [DGNP] as I.

No evidence exists to prove that the above evidence Nos. 1 and 2 are the ownership of E, the criminal of the instant crime, or the criminal of the instant crime, and otherwise there is no evidence to prove that the above evidence Nos. 1 and 2 does not belong to the ownership of the defendant, a person other than the defendant, or that a person other than the defendant, a person acquired, after the crime, was aware of the fact, and thus, the court below confiscated the above evidence Nos. 1 and 2 from the defendant. Thus, the court below erred by misapprehending the legal principles on confiscation, which affected the conclusion of the judgment.

3. In conclusion, the judgment below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal of the defendant, and the judgment below is reversed and it is again decided as follows.

Criminal facts

Criminal facts recognized by the court as well as the summary of the evidence.

참조조문

-형법 제48조 제1항

-형사소송법 제364조 제2항

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