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(영문) 대전지방법원 2018.04.04 2017고단4921 (1)

폭력행위등처벌에관한법률위반(공동공갈)등

Text

Defendant shall be punished by imprisonment without prison labor for six months.

Reasons

Punishment of the crime

On August 25, 2016, the Defendant was sentenced to a suspended sentence of one-year imprisonment with labor for an occupational breach of trust, etc. by the Daejeon District Court, and on September 2, 2016, the judgment became final and conclusive and is currently under suspended sentence.

The defendant is a person who is engaged in sales of precious metals with the mutual recognition of D in Daejeon Dong-gu Seoul.

On August 23, 2017, around 10:56, the Defendant purchased one half of the net amount (24K 2 money) and 14K one half of the market price of the victim F that he stolen from E in the room.

In such cases, the defendant engaged in the sales business of precious metals has a duty of care to verify whether he/she is stolen by well examining the details of the acquisition, the motive of the sale, the demand for the price suitable for the transaction price, etc.

Nevertheless, the defendant acquired the stolen in 550,000 won by purchasing two gold Bans together with 550,000 won by negligence, even though he neglected the above care and neglected to make a judgment on the stolen water.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of G;

1. 1 and 2-time protocol of suspect interrogation of the police in relation to E;

1. Books;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (report on the results of confirmation of previous convictions of the disposition);

1. The pertinent Article of the Criminal Act and Articles 364 and 362 of the Criminal Act regarding criminal facts, and Article 364 of the Criminal Act regarding the selection of punishment, and the Defendant’s negligence in performing his/her duty of care.

However, the defendant denies his crime with various difficult dopings.

The Defendant had been sentenced to a fine twice for the same crime, and was indicted for the acquisition of stolen goods heavier than the instant case during the suspension period of the execution of this paper crime, and was sentenced to imprisonment in the first instance trial, and was sentenced to a fine in the appellate trial.

Nevertheless, the crime of this case is committed without being aware of during the suspension period of the execution of the crime of this case.