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(영문) 서울남부지방법원 2014.09.04 2014고단2579

장물취득

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant had a mind to purchase stolen cell phones lost by passengers from taxi drivers who stop on the road by sending the signal under the above shaking of the cell light on the road.

From January 2013 to February 16, 2013, the Defendant purchased 13 cell phoness on 13 occasions as shown in the annexed Table, even though he was aware of the fact that the cell phone was stolen during the above period, from the street around the Yerodong in Gangseo-gu Seoul Metropolitan Government, the Defendant scam a taxi in which the Defendant scam a mobile phone light was parked, and purchased 8,40,000 won of the officially lost market price of the victim B who was a taxi passenger from the taxi engineer.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each written statement of B, C, D, E, F, G, H, I, J, and K;

1. Application of Acts and subordinate statutes concerning police seizure records;

1. Article 362 (1) of the Criminal Act applicable to the crimes. Article 362 (1) of the Criminal Act;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (the confession of a person committing a crime and his mistake is divided in depth, the fact that there is no record of having been sentenced to the previous and previous punishment, the total market price of stolen goods acquired, and the motive for committing a crime, etc.);

1. It shall be decided as ordered for the reason under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;