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(영문) 서울고등법원 2013.05.02 2013노667
무고등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven months.

Nos. 1 through 14, 16, 17.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In spite of the absence of the fact that the Defendant embezzled the Defendant F’s bags or did not have the VictimJ, the lower court convicted the Defendant of this part of the facts charged. (2) The lower court’s sentence imposed by the lower court of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

B. In spite of the fact that the Defendant embezzled KRW 11,90,120, which was contained in the victim F’s bags, the lower court acquitted the Defendant of this part of the charges. 2) The sentence imposed by the lower court of unreasonable sentencing is too uneasible and unfair.

2. Before determining the grounds for appeal ex officio, the prosecutor examined the facts charged in the trial before the judgment of the court. From February 2, 2012 to August 2012, the defendant found 50 U.S. dollars 50, U.S. 1, U.S. card 7, Lonebbbuck card 7, Lonebbuck card 7, and the national card 5. The defendant, without taking necessary procedures such as returning the acquired property to the victims, provided that he/she thought that he/she had the victim's thought to have the same property that he/she left from the possession of the victims, and then embezzled the property that he/she left in the Gangseo-gu Seoul Metropolitan Council from February 2, 2012 to 10 to December 20, 2012 with his/her name and no one had the victim's name and no one had his/her name and no more than 6 U.S. car 5 in his/her name and no more than 6 U.S. car 1 in his/ 3.

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