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(영문) 춘천지방법원 2014.01.22 2013노683
점유이탈물횡령
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had no idea of having a galloned cellular phone that he acquired, and the Defendant returned the above mobile phone to the victim, but the phone was cut on the wind that the galloned from the victim’s telephone, and only the above mobile phone was not returned immediately thereafter.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the defendant can be found guilty of all the charges of this case, including the intent of unlawful acquisition and intent. Therefore, the above assertion by the defendant is without merit.

B. We examine the allegation of unfair sentencing in light of the following points: (a) the Defendant had a record of being punished for larceny; (b) the Defendant returned the instant mobile phone to the victim after six months from the date of taking the instant mobile phone; (c) the Defendant did not reach an agreement with the victim; and (d) the Defendant consistently denies the Defendant’s criminal act and denies the Defendant’s mistake until the trial; and (c) there is doubt as to whether the Defendant’s mistake is divided into a truth-finding; and (d) other various conditions of sentencing as shown in the arguments, such as the Defendant’s age, character, character, environment, motive, means and consequence of the crime; and (e) the sentence of the lower court is deemed appropriate, and therefore, the Defendant’s above assertion is not reasonable.

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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