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(영문) 의정부지방법원 고양지원 2012.07.27 2012고단544 (2)
특정범죄가중처벌등에관한법률위반(장물)
Text

Defendants shall be punished by imprisonment for two years.

However, as to the Defendants for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

around February 2012, the Defendants of Seocho-gu Seoul Metropolitan Government H building 506 were willing to purchase and sell high-priced smartphones, which are not normally traded, such as string, theft, acquisition, lossphones, etc., at the intermittent value.

From February 27, 2012 to March 14, 2012, the Defendants conspired to acquire stolen goods habitually by purchasing approximately approximately approximately KRW 273 smartphones, such as in the list of crimes in attached Form I, with knowledge of the fact that they are stolen, from among those who were not interested in the name, including I, in a manner that they are aware of the fact that they are stolen.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of a witness I;

1. Each protocol concerning the examination of the accused by the prosecution;

1. A protocol concerning the examination of each police suspect to J, I, or K;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the following: The method of each crime, frequency of crimes, and the fact that the same kind of crime has been committed in a planned and organized manner;

1. Article 5-4 (4) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 363 (1), 362 (1), and 30 of the Criminal Act concerning the facts constituting the crime (generality, selection of each limited term of imprisonment);

1. Mitigation of discretionary punishment (the defendants) Articles 53 and 55 (1) 3 of the Criminal Act.

1. Article 62 (1) of each Criminal Act (Chocks as Defendants);

1. Probation and community service order (the defendants) under Article 62-2 of the Criminal Act;

1. (Confiscation) The reason for sentencing under Article 48(1)1 of the Criminal Act is that the amount of purchase due to the instant crime exceeds KRW 160 million, due to the Defendants’ criminal act of acquiring stolen property, the commission of larcenys is more induced or promoted, the Defendants’ criminal act was organized and planned, and the scale of the crime was not much significant.

However, the defendants are all led to the confession of crimes, and they are against the above crimes.

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