logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2013.07.11 2013노729
장물취득
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The summary of the grounds for appeal by the accused is too unreasonable that the punishment of the original judgment (one year and six months of imprisonment) is too unreasonable;

2. In a case where the confession of a defendant ex officio is an unfavorable evidence against him, it shall not be admitted as evidence of guilt (Article 310 of the Criminal Procedure Act). Thus, in a case where the defendant is found guilty on the basis of only the confession of the defendant without any supporting evidence, it shall be deemed that there is an error of law that affected

(2) The court below found the Defendant guilty of the facts charged of this case only based on the Defendant’s confession without any supporting evidence, in violation of Article 310 of the Criminal Procedure Act. The court below erred in the misapprehension of Article 310 of the Criminal Procedure Act, which affected the conclusion of the judgment.

The judgment of the court below can no longer be maintained in this respect.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment of the court below is reversed, and it is again decided as follows, without examining the defendant's argument of unfair sentencing.

Criminal facts

The criminal facts of the defendant recognized by this court are as shown in the corresponding column of the judgment of the court below in addition to adding the list of crimes in the annexed sheet, and therefore they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Summary of Evidence

1. The original judgment and the statement in court room of the defendant;

1. Copies of each police interrogation protocol of G, I, J, K, N, P, and Q;

1. A report on investigation (Investigation of details of transactions in the bank account in the R name) and a certificate of deposit transactions;

1. A copy of the investigation report (the document attached to the statement of transactions of the suspect G female bank living together with the suspect), investigation report (the third person used by the suspect G in the crime, and copies related to the analysis of the details of transactions of the bank).

arrow