beta
(영문) 부산지방법원 2018.03.23 2018고단698

장물취득

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On March 25, 2015, the Defendant was sentenced to three years of imprisonment for habitual larceny at the Seoul High Court (Seoul High Court) on March 25, 2015, and completed the execution of the sentence on June 2, 2017.

The defendant purchased stolen cell phones, etc., and tried to raise living expenses by selling them again.

On January 20, 2018, the Defendant acquired stolen goods with knowledge of the fact that, at a restaurant where the trade name in the vicinity of the Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, a “gallon 8” smartphone in an amount equivalent to KRW 1080,000,000,000 in the market value of the victim D, which he stolen from the “C”, the Defendant acquired stolen goods with knowledge of the fact that “gallon 8”, the victim E market value is 90,000,000 won in a total amount of KRW 2.9,000,000,000,000,000 won in the market value of the victim E.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning examination of the police officer in G;

1. A copy of each of the statements D, E, and F;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to the result of prisoners search;

1. Article 362 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing criteria, the basic area (six months to one year and six months) (the person who is subject to special sentencing) of the first type (the stolen goods for general stolen goods) and the basic area (six months to one year and six months);

2. Circumstances disadvantageous to the decision on sentencing: The fact that there are many persons who have been sentenced to punishment for larceny, the circumstances favorable to the fact that they have committed a short-term crime after the execution of punishment is terminated: it reflects the fact that all damaged articles have been returned to the victims, taking into account all the conditions of sentencing, including the age, sex, environment, motive, means and consequence of the crime, and circumstances after the crime;