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(영문) 인천지방법원 부천지원 2018.05.01 2018고정230

장물취득

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is in office, and B is a person who operates as an agent, and it is between the social good and the latter.

1. Acquisition of stolen property;

A. On November 2, 2014, at around 01:00, the Defendant acquired stolen goods upon the request of a person who was aware that he/she was not aware that he/she was a stolen of the lost mobile phone by a person who was not aware of the fact that he/she was a stolen in the entertainment room that he/she was frequently in his/her ordinary seat at the center of Guro-gu Seoul Metropolitan City, Guro-gu, Seoul, and at around 152, he/she acquired stolen goods.

B. At around 01:00 on November 12, 2014, the Defendant acquired stolen goods by receiving a request from a person who was aware of the loss of a gallon ju, where a person who was aware of the fact that he was aware of the fact in the entertainment room that he was frequently accompanying in front of the department store at the center of Guro-gu Seoul, Guro-gu, Seoul, and received a request from a person who was aware of the fact that he was a stolen property.

(c)

On December 21, 2014, at around 10:00, the Defendant acquired stolen goods by receiving a request from the Defendant, even though he was aware that the Plaintiff was a stolen with respect to the gallon owned by the injured party on the street in Seoul Special Metropolitan City (45 Do) at around the street of the building in Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of each police officer against the defendant or B;

1. Application of Acts and subordinate statutes to report on investigation (suspect D call details analysis);

1. Article 362 of the Criminal Act applicable to the crime, Article 362 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is that the Defendant committed the instant crime during the period of repeated crime, taking into account the past criminal records, the circumstances after the crime, etc., the Defendant’s criminal liability is not easy.

However, there are various kinds of sentencings shown in the trial, such as the defendant's counter-fluence, the contents and frequency of the crime of this case, the reason for the acquisition of stolens, the age, sex, family relationship, economic situation, etc.