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(영문) 수원지방법원 안양지원 2019.11.29 2018고정386
장물취득
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

[criminal power] On November 16, 2017, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Road Traffic Act at the Seoul Southern District Court on June 201, and the judgment became final and conclusive on November 24, 2017. On March 29, 2019, the Defendant was sentenced to two years and six months of imprisonment with prison labor for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) in the Suwon District Court, and the judgment became final and conclusive on October 17, 2019.

On June 19, 2017, at around 05:00, the Defendant acquired stolen goods by being aware of the fact that the aforementioned mobile phone is a stolen goods, in front of “C” located in S8 mobile phone owned by the victim E that D embezzled.

Summary of Evidence

1. The defendant's partial statement in court (the sixth trial date, and the statement to the effect that the victim's mobile phone was purchased from D);

1. Statement made by witnesses D in the third protocol of the trial;

1. Details of the F Games (D, A);

1. Previous records of judgment: Results of inquiry, results of consolidated cases, two copies of inquiry into consolidated cases, application of Acts and subordinate statutes of a written judgment;

1. Relevant Article 362 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39(1) of the Criminal Act exempt from both concurrent crimes and punishment (it seems that even if the judgment was rendered simultaneously with the crime of violating the Road Traffic Act, etc. in the judgment, the more severe punishment is not imposed on the defendant, and thus, the defendant shall be exempted from punishment in consideration of the equity between the case of concurrent crimes and the case of judging at

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