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(영문) 광주지방법원 해남지원 2017.09.14 2017고단266
장물취득
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 20, 2016, the Defendant acquired 4,70,000 won in total from the time to January 30, 2017, a total of six times the market price of the victims owned by the 5,000 won in cash, even though he knows that the 7,00,000 won of the 5,00 won of the 5,000 won of the 5,000 won of the 5,000 won of the 5,000,000 won of the 8,000 won of the 5,000,000 won of the 3,000 won of the 1st

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each statement of E, G, H, I, and J;

1. A protocol of seizure and a list of seizure;

1. K, D Driving Records, call details of suspects A and taxi engineers, copies of the pocket book, T-si letters, suspect AKakao Stockholm conversations, and L of the suspect A's telephone conversations;

1. A mobile phone conversations;

1. The application of Acts and subordinate statutes to an investigation report (the analysis of the operating record meter of a taxi operated by a suspect K, the analysis of the suspect K (additional metres) and witness D calls, the specification of the stolen business operator, the presumption of the owner and the driver, etc. identified through communications data from among the seized mobile phones, the current status of the user (victim) identified until now among the seized mobile phones, and a summary of the suspect L call records);

1. Relevant provisions of the Criminal Act and Article 362 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Application of the sentencing criteria;

(a) Each charge of acquiring stolens [the scope of the recommended punishment] The basic area (six months to one year and six months) (the person who is subject to special sentencing) of one type of stolens (the stolens against general stolens);

(b) The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for not less than six months up to two years and nine months;

2. The crime of acquiring cell phone stolen, such as this case, was committed by the sentence of sentence, resulting in the principal offender’s crime, such as theft, and distributed as above.

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