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(영문) 대구지방법원 서부지원 2014.10.29 2014고정768
장물취득
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On January 7, 2014, the Defendant was sentenced to 10 months of imprisonment with prison labor for the crime of acquiring stolen goods at the Seo-gu District Court Branch Branch, and was sentenced to 2 years of suspension of execution and 120 hours of community service work on the 15th of the same month. On February 11, 2014, the Defendant was sentenced to 2 years of suspension of execution and 40 hours of community service work on the 19th of the same month, and the judgment became final and conclusive on the 19th of the same month.

On August 4, 2013, at around 01:00, the Defendant acquired Samsung C’s cellular phone at KRW 80,000 with knowledge of the fact that it was stolen from the victim D, the Defendant purchased Samsung C’s cellular phone at KRW 80,000.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect C by the prosecution;

1. The suspect interrogation protocol of the police as to B;

1. Statement made to D by the police;

1. Previous convictions in judgment: Criminal history records, etc. (A, page 154 of investigation records), report on the results of confirmation of the previous disposition (A), investigation report (report attached to the suspect's criminal records, confirmation of criminal records, indictment, copy of written indictment, etc.), investigation report (report on the investigation status of suspect's related cases) and application of Acts and subordinate statutes;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. The latter part of Article 39 (1) of the Criminal Act exempted from punishment ( Taking into account equity, etc. in cases where judgment is rendered concurrently with cases where judgment is received);

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