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Defendant
All appeals filed by A and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A (unfair assertion of sentencing)’s punishment of the lower court (three years and six months of imprisonment) is too unreasonable.
B. The prosecutor (the defendant Eul's assertion of mistake as to the facts as to the defendant B) had dolusence as to the acquisition of stolen goods, since the defendant B was suspected of gathering the stolen goods of this case at least but supplied the stolen goods of this case. Thus, the defendant B had dolus negligence as to the acquisition of stolen goods.
must be viewed.
However, the lower court recognized Defendant B as the stolen of the instant Tina, and thereby, found Defendant B as such.
For the reason that it is difficult to conclude this part of the facts charged, the court acquitted.
Therefore, this part of the judgment of the court below is erroneous by misapprehending the facts, which affected the conclusion of the judgment.
2. Determination
A. The lower court rendered a judgment on the prosecutor’s assertion of mistake of the facts, on the premise that the perception of stolens in the crime of acquiring stolens is sufficient to have dolusence as to the degree of doubt as to the charge of acquiring stolens, and on the premise that the perception of stolens is insufficient, acquitted the Defendant on this part of the facts charged.
In light of the record, the evidence submitted by the prosecutor alone was proved to the extent that there is no reasonable doubt that there was a lack of doubt about the defendant's perception that the defendant was a stolen property of this case, or that there was a lack of doubt about the charge.
Therefore, the judgment of the court below that acquitted the Defendant of the facts charged of this case does not err by misapprehending the facts as alleged by the public prosecutor.
B. The Defendant embezzled 67 times over four years, using the victim company’s computer system to manage the overall distribution, such as shipping and bringing in, etc., by using the victim company’s electronic computer system, and embling most sales proceeds.
The nature of crimes is very bad in light of the duration, frequency, methods, etc. of crimes.
Defendant.