logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2014.03.21 2014고단454
특정범죄가중처벌등에관한법률위반(절도)
Text

1. Defendant A shall be punished by imprisonment for two years.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 26, 2005, Defendant A was sentenced to a suspended sentence of three years for one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the Gwangju District Court Support for the Promotion of Residents.

On November 10, 2013, at around 01:00, the Defendant intruded into a building under construction using any cresh in Seo-gu, Seo-gu, Gwangju, Gwangju, by putting electric wires equivalent to KRW 700,00 in hand at the victim E-owned market value laid down on the wall and stolen it.

In addition, from around that time to February 4, 2014, the Defendant got off approximately KRW 31,40,000 of the market price through 28 times, as shown in the attached list 1 of crimes committed.

Accordingly, the defendant habitually stolen another's property.

2. Defendant B is a person who operates a secondhand shop with a trade name “G company” in Gwangju North-gu.

In the case of the defendant who purchases used materials, including used materials, there is a possibility that such materials are stolen, so there was a duty of care to verify whether they are stolen by confirming the identification card, business registration certificate, etc. of the seller and investigating the source, etc. of the materials.

Nevertheless, without verifying whether the Defendant was a stolen by confirming the identity of the seller or investigating the source of the goods, the Defendant purchased 19kgg of a cable equivalent to KRW 700,00,000 at around November 10, 201, the market price of the stolen goods that A stolen by means of the same method as that of Paragraph 1 from A, in the same manner as that of Paragraph 1.

In addition, from around that time to February 5, 2014, the Defendant purchased stolens over a total of 22 occasions, as shown in the attached Table 2 of Crimes List 2.

Accordingly, the Defendant acquired stolen goods by occupational negligence.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement on E, H, I, J, K, L, and M;

1. The statements of N,O, P, Q, R, T, U, E, V, W, L, X, J, Y, Z and AA respectively.

arrow