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The judgment below
Of them, the part against Defendant C shall be reversed.
Defendant
C shall be punished by a fine of 6,000,000 won.
Defendant .
Reasons
1. Summary of grounds for appeal;
A. Defendant B (1) misunderstanding of facts 1) Defendant B is mixed with CBR125 R Orala (hereinafter “instant Orala”).
(2) The lower court’s sentence of unreasonable sentencing (a fine of five million won) is too unreasonable, as it did not know that A was stolen at the time of moving.
B. Defendant C’s punishment (fine of KRW 7 million) by the lower court is too unreasonable.
2. Determination
A. Defendant B (1) The lower court’s assertion of misunderstanding of facts and the evidence duly admitted and investigated by the trial court, namely, ① in the lower court’s statement that “A knew Defendant B of the fact that he stolen the instant Obaba,” and that “A knew Defendant B of the fact that he stolen the instant Obaba,” was difficult to find out a significant motive for A to make a false and unfavorable statement against Defendant B (as seen below, AJ also stated that Defendant B and A are pro-friendly relatives (as seen below).
Defendant B, at the court below's decision, argued that "A was the first time to enter the Oral Corba on March 2019, and it was the purchase by A at the time, and Defendant B did not have the perception that it was a stolen product at the time of committing the crime." However, Defendant B stated at the court below that "A was the same product of the same color, such as Oral Ba, which had been seen around March 2019 by the Oral Ba, that "A had never been a stolen product at the time of committing the crime." The court below stated that "A was the first time to see the Oral Ba, which was the first time to see the Oral Ba, and had never been sold after theft of the Oral Ba, and Defendant B was also aware of it, and Defendant B did not have the possibility to confuse Oral Ba," and Defendant B stated to the purport that "A was the witness of this case who purchased the Daal Ba in this case." However, Defendant B made a statement to the purport that "A was a witness of this case."