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(영문) 대구지방법원 2018.07.12 2017고단6960
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant sent a signal that he/she purchases a mobile phone to a taxi engineer who uses a mobile phone at the upper end of his/her mobile phone after disclosing the screen on the mobile phone in front of his/her pharmacy B in Incheon Bupyeong-gu.

A taxi driver is a person who purchases a mobile phone from customers.

Around 02:00 on September 4, 2017, the Defendant sent the signal by the aforementioned method in front of the above C pharmacy, and knowingly known that the stolen goods are stolen from D, a taxi engineer, the Defendant purchased 7,00,000 won of cash and acquired 7,000 won of a mobile phone from E, a taxi engineer, from December 2, 2016 to September 4, 2017, with the knowledge of the fact that the stolen goods are stolen, the Defendant purchased 7,000 won of a mobile phone from G, and acquired 7,000 won of a mobile phone from L, a taxi engineer.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of a police officer in relation to D, H, I, G, F, E, and J;

1. Each police report on K, L, M, N,O, P, and Q;

1. Each protocol of seizure and the list of seizure;

1. A criminal investigation report (Attachment of photographs of the scene of a crime), and a criminal investigation report (Attachment, etc. of evidentiary materials after facing the crime);

1. Application of photographs of each seized article and taxi-related Acts and subordinate statutes;

1. Relevant Article 362 of the Criminal Act and Article 362 (1) of the Criminal Act and the choice of imprisonment 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The instant crime causes and encourages the commission of the crime, such as theft of a mobile phone or embezzlement of occupied articles, etc. Therefore, the nature of the crime is heavy, and thus, strict punishment is required. In short, the period of the crime is short and the amount of the mobile phone actually used by the Defendant is determined to be considerable in the amount of the mobile phone, regardless of the foregoing changed facts charged. Accordingly, the Defendant is accordingly.

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