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(영문) 부산지방법원 2017.05.18 2016고정3855

장물취득

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

On June 23, 2016, the Defendant was sentenced to imprisonment with prison labor for six months as a result of the acquisition of stolen goods at the Busan District Court’s Dong Branch, and the judgment was finalized on July 1, 2016. On September 8, 2016, the Defendant was sentenced to imprisonment with prison labor for the storage of stolen goods at the Busan District Court, and the judgment became final and conclusive on November 14, 2016.

From around 01:00 to around 20:00 of the same month from June 15, 2015 to around 04:00, the Defendant purchased at KRW 1.50,00 the 61 of the victim’s name in which the son owned a son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of each police station against D;

1. Each protocol of seizure;

1. Previous records: Results of search of each case, and application of Acts and subordinate statutes of each judgment;

1. Relevant provisions of the Criminal Act and Article 362 (1) of the Criminal Act concerning the selection of punishment (opportune selection);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;