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(영문) 서울중앙지방법원 2013.09.27 2013고단2592

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person operating the Jongno-gu Seoul Metropolitan Government “E” in Jongno-gu D.

On April 30, 2013, the Defendant, at the above “E” store on the same day, suspected of having a total of 15 million won of the market value of stolen goods from the victim G’s house, and acquired stolen goods, as shown in the attached Table, without asking the F’s personal information and source of the said goods, without asking the F’s source, etc., while purchasing the stolen goods from F with a total of 7.7 million won of cash and 1.9 million won of the account transfer, and purchasing stolen goods from F with a total of 15 million won of the market value of stolen goods.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution (including the F substitute part);

1. Police suspect interrogation protocol regarding F;

1. Application of Acts and subordinate statutes on transactions of passbooks;

1. Article 362 (1) of the Criminal Act applicable to the facts constituting the crime (the point of acquiring stolens);

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

1. The crime of acquiring stolens on the grounds of the suspended sentence under Article 62(1) of the Criminal Act may induce or aid the principal offender to commit the crime, such as larceny, by participating in realization of the principal offender’s interest, such as larceny, and thus, the nature of the crime is not good. In the case of the Defendant, there is no record of punishment, and there is no record that the Defendant has committed the crime in this case, and there is no record that the Defendant has committed the crime in this case and is against the Defendant’s age, character and conduct, and environment, etc., the punishment as ordered is determined by taking into account the sentencing conditions indicated in the record.