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(영문) 대구지방법원 2016.08.10 2015노3583
범인도피
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The defendant's act of misunderstanding the facts or misunderstanding the legal principles is to help a family member in a humanitarian perspective, and the vehicle of this case is merely a purchase name with the ownership of C, and the defendant's act does not constitute a crime of crime.

Even if it is not so, since the defendant did not know that his act was in violation of the law, it constitutes a mistake in law. Since the defendant and C are in fact in a family relationship that raises two children jointly, the special provisions of Article 151(2) of the Criminal Act are applied or there is no possibility of expectation for lawful act.

In addition, the instant vehicle cannot be forfeited from the Defendant because it is not related to the instant crime.

Although the court below found the Defendant guilty of each of the charges of this case, it erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence sentenced by the lower court (two years of imprisonment with prison labor for a period of six months) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal by the defendant's ex officio, each crime in the judgment of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act. Thus, in accordance with Article 38 (1) of the Criminal Act, the sentence should be determined by the method of determining the applicable sentences within the scope of the aggravated punishment pursuant to Article 38 (1) of the Criminal Act, but the court below erred by omitting the aggravated punishment of concurrent crimes. In this regard, the judgment of the court below is no longer maintained.

B. Even if the judgment of the court below on the assertion of mistake of facts or misapprehension of legal principles is based on the above ex officio reversal, the defendant's assertion of mistake of facts or misapprehension of legal principles is still subject to the judgment of the court.

1) Determination as to the assertion that an offender does not constitute a crime.

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