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(영문) 서울북부지방법원 2014.03.27 2013고단2658 (1)

폭력행위등처벌에관한법률위반(공동상해)등

Text

Defendants shall be punished by imprisonment for six months.

However, for two years from the date this judgment became final and conclusive against the Defendants.

Reasons

Criminal history [2013 Highest 3263]

1. Defendant A

A. From the beginning of November 2012 to the end of December 5, 2012, the Defendant acquired the 2.7 million won of smartphones from D, E, and F with knowledge of the fact that they are stolen goods of 30,000 won in front of the river basin 140, Gangnam-gu, Seoul.

B. From December 5, 2012 to December 7, 2012 of the same year, the Defendant acquired stolens, such as scar from taxi engineers who embezzled smartphones lost by taxi passengers in front of “new Dong basin” in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, with the knowledge of the fact that scars are stolen by smartphones over five times, such as smartphones.

2. Defendant B

A. From early November 2012, 2012, around December 16, 2012, the Defendant acquired 23 smartphones from taxi workers, etc., knowing that scars were stolen by smartphones, etc. on nine occasions, such as smartphones, around the street in front of the 165 Hong-dong, Mapo-gu, Seoul, Mapo-gu.

B. On November 2012, 2012, the Defendant, at the second floor toilet located in Goyang-dong, Goyang-si G, Goyang-si, Goyang-si, the Defendant embezzled the victim’s thought to have without following necessary procedures, such as putting the victim on his urine and returning the observer-E Smartphone 1 to the victim.

Summary of Evidence

1. Defendants’ legal statement

1. Each police interrogation protocol on D, E, I, J, K, L, F, M, B, P, Q, R, T, U, V, W, and X;

1. Application of Acts and subordinate statutes to each protocol of seizure and the list of seizure;

1. Article 362(1) of the Criminal Act; Article 362(1) of the Criminal Act; Articles 362(1) and 360(1) of the Criminal Act; Selection of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Generally, the reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that a crime that purchases and distributes a stolen or lost smartphone is very difficult.