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(영문) 인천지방법원 2015.03.12 2014고단6610
장물취득
Text

A defendant shall be punished by imprisonment for 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 is a person who performs a work, such as repairing communication devices, selling liquid books, purchasing heavy cell phones, etc. with the trade name of “AT” in Bupyeong-si, Nowon-gu, Seoul Special Metropolitan City.

1. Around August 7, 2014, the Defendant acquired cell phoness owned by W from the victim: (a) purchased stolen stolen goods in KRW 150,000, even though he/she knows that the market price of the victim W, which he/she stolen from AU, is equivalent to KRW 870,000, the market price of the victim W from AU, and acquired stolen goods.

2. The Defendant acquired mobile phone devices owned by the Victim AC from around August 2014, 201 to acquire stolen goods after purchasing KRW 150,000, even though he/she was aware of the fact that 1 cost of a mobile phone “galgno city5” in the market price of the Victim AC, which he/she stolen from AU, was equivalent to 960,000.

3. On August 26, 2014, the Defendant acquired cell phone sets owned by the victim AE by purchasing 30,000 won from the victim’s cell phone set forth in the above “AT”, even though he/she knew of the fact that it was stolen by U, the Defendant acquired stolen goods at KRW 80,000,000, the market price of the victim’s AE owned 80,000.

Summary of Evidence

1. Partial statement of the defendant;

1. A’s legal statement;

1. Protocol concerning the examination of suspect A by each prosecution;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. The third protocol concerning the examination of suspect A;

1. Written statement of the police;

1. Application of each statute of the AC and the AE;

1. Relevant Article 362 (1) of the Criminal Act, the choice of punishment for the crime, and the choice 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. The reason for sentencing under Article 62-2 of the Criminal Act, the nature of the crime and the circumstances after the crime are not good.

However, the original offender shall be punished as ordered in consideration of various sentencing conditions as shown in the records and arguments of this case, such as the fact that he/she is the primary offender, the scale of the acquisition of stolen goods, and the age, character and conduct, family environment, etc.

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