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(영문) 대전지방법원 2013.10.02 2013노733
장물운반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In order to verify the identity of D, the Defendant was guilty of the facts charged in the instant case, even though he did not know the fact that the Defendant was carrying the cell phone of this case without receiving any consideration, and fulfilled his duty of care required to transport the cell phone by obtaining the cell phone from D, such as requesting an identification card through B, an accomplice, in order to verify the identity of D. The lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. In light of all the circumstances, including the fact that there is no benefit from the crime of unfair sentencing and the first offender, the sentence imposed by the court below (six months of imprisonment without prison labor and two years of suspended execution) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the court below based on the evidence duly adopted and investigated by the court below regarding the assertion of mistake of facts: (i) the mobile phone transported by the defendant was traded at a price lower than that of the mobile phone which was normally terminated and lower than that of the mobile phone; (ii) the defendant was well aware of the transaction price of the mobile phone in this case, such as directly checking the mobile phone from D and adjusting the price of the mobile phone according to the condition of the mobile phone; and (iii) the defendant obtained from D three times a mobile phone, paid the price in lieu of B, and sent it to B, even though the total number of the mobile phone was 65 days, the defendant requested D through B to provide identification card and received another person's driver's license from D through B; (iv) the defendant did not make any effort to confirm the identity of D directly because it was possible to verify whether the mobile phone operated by the mobile phone agent; and (v) whether the aforementioned 65 mobile phone was lost through the domestic agency.

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