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(영문) 서울북부지방법원 2017.02.08 2016고단5326
장물취득
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On July 3, 2016, at around 08:30, the Defendant purchased at KRW 80,000,00 from the Cheongcheon-ro, Dongdaemun-gu, Seoul, Dongdaemun-gu, 471 smartphone 2 adjacent to Cheongcheon-ro 2, and the Defendant knowingly purchased from C one smartphone 5.60,00 won of the market value of the victim D who he stolen from C, as stolen goods.

2. On July 11, 2016, the Defendant, at around 09:00, purchased at KRW 100,00,00 even with knowledge of the fact that he/she was the stolen victim E at KRW 80,00,00 of the market value of Samsung E-owned by C, the Defendant purchased at KRW 1,00,00,00 with knowledge of the fact that he/she was a stolen object.

3. On July 17, 2016, the Defendant, at around 07:50, purchased at KRW 20,000, a total of three smartphones, such as Samsung Gallon, which is equivalent to KRW 500,000,00 in the market value of the victim F, who was stolen by C, (i) the victim F, (ii) KRW 500,000,000,000 in the market value of the victim G, (iii) KRW 400,000,000 in the market value of the victim H, and (iv) the Defendant knowingly purchased at KRW 20,00,00 in total, a total of three smartphones, such as Samsung Gallon, which is equivalent to KRW 850,00,00 in the market

4. On July 21, 2016, the Defendant, at around 09:00, purchased a total of 300,000 won, knowing that he/she was a product for each of the two smart phones, including smartphone 1,00,000, in the instant case where he/she purchased the victim I who was stolen from C, with knowledge of the fact that he/she was a product for each of the two smartphones, including a smartphone 1,00,000 won at the victim I market.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of protocol concerning the examination of suspect C by the police; and

1. Application of Acts and subordinate statutes to investigation reports (Attachment toCCTV);

1. Article 362 (1) of the Criminal Act, and the choice of punishment for the crime;

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. Scope of applicable sentences under law: Imprisonment with prison labor for one month to June 10;

2. The scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing criteria shall be general.

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