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The judgment of the court below is reversed.
Defendants shall be punished by a fine of KRW 2,500,000.
The above fine is imposed against the Defendants.
Reasons
1. Summary of the Defendants’ grounds for appeal
A. In light of the fact that Defendant A’s embezzlement of Defendant A took place, the owner of the Handphone in order to return the instant Handphone, etc., the lower court found Defendant A guilty of embezzlement on the ground that Defendant A had no intent to obtain the Handphone, even though there was no intention to obtain the Handphone, the lower court erred in misunderstanding of facts or misapprehension of legal principles. (ii) Defendant A did not see that the Defendants had the intent to obtain the Handphone. As to the obstruction of the performance of the duties of the Defendants, the lower court did not err in misunderstanding of facts or misapprehension of legal principles. (iii) Defendant A did not resist the police officer, who intended to make a lawful enforcement, and Defendant B did not commit any crime, and did not commit the crime of obstruction of the performance of the duties of the police officer. (iv) Defendant A did not resist the police officer’s voluntary request for the performance of the duties of the police officer, even though there was no reason to do so.
B. In light of the background of the instant case of unfair sentencing and the fact that the Defendants had no record of punishment, etc., the sentence of two years of suspended sentence on October sentenced by the lower court to Defendant A and the sentence of two years of suspended sentence on June sentenced to Defendant B is too unreasonable.
2. Determination on Defendant A’s embezzlement
A. On May 28, 2014, Defendant A, at around 22:00, found one Handphone in Samsung Galtho city, where the market price owned by the victim L was unknown on the front side of the “K cafeteria” located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul. After receiving the above Handphone from the victim, Defendant A was in custody of the said Handphone for the victim.
Then, the defendant.