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(영문) 수원지방법원 2014.03.27 2013노5230
장물취득
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of purchasing gold wals, etc. from E, the principal offender, a mistake of facts, the Defendant did not know that it was stolen.

B. The lower court’s sentence of unreasonable sentencing (fine 1.5 million won) is too unreasonable.

2. Determination

A. The defendant in the judgment of the court below made the same assertion of mistake of facts as the above assertion of mistake, and the court below rejected such assertion in detail while explaining the decision in detail. A thorough examination by comparing the above judgment of the court below with the records, the judgment of the court below is just, and there is no error of law by misconception of facts in violation of the rules of evidence, and therefore the defendant's assertion of mistake of facts is without merit.

B. Determination on the assertion on unfair sentencing is based on the following factors: (a) the Defendant’s primary offender is very difficult to economicly; (b) the Defendant appears to have paid the reasonable market price when purchasing the gold ging, etc. from E, which is the principal offender; and (c) E and the Victim F are exempted from punishment as to E as a lineal blood relative; (b) the lower court appears to have determined the amount of fine by taking into account the aforementioned circumstances into account; (c) the Defendant purchased the said amount three times, despite recognizing the fact that E had a gold ging, etc. without permission of F; and (d) the amount of purchase was significant; and (e) taking into account all the sentencing conditions indicated in the records and arguments of the instant case, such as the Defendant’s age, character and behavior, environment, circumstances of the crime, means and result, and the circumstances before and after the crime, etc., the lower court’s punishment is appropriate and too unreasonable. Therefore, the Defendant’s assertion on unfair sentencing is also without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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