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(영문) 대전지방법원 2016.10.19 2016고단1276 (2)
장물취득
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 17, 2014, Defendant A was sentenced to eight months of imprisonment for fraud at the Daegu District Court, and completed the execution of the sentence at the Daegu Detention House on November 16, 2014.

Criminal facts

On April 16, 2016, around 00:20 on April 16, 2016, the Defendant acquired cell phones, which are nine stolens from March 17, 2016 to April 16, 2016, by being aware of the fact that the victim E is a stolen price of 870,000 won at the market price of 8.70,000 won from a taxi driver in front of the Daejeon Seo-gu, Daejeon-gu, the Defendant acquired cell phoness, which are nine stolens in total, from March 17, 2016 to April 16, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of F and G;

1. A suspect interrogation protocol of H;

1. Each statement of I, J, K, L, E, and M;

1. A report on investigation (the search of vehicles and photographs of cell phones);

1. Each photograph;

1. Seizure records;

1. Previous records: Application of Acts and subordinate statutes on criminal records, etc., personal identification and confinement status;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 362 (1) of the Criminal Act selecting a penalty;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the crime of acquiring stolens of this case for the reasons of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is the case where a large number of cell phoness of another person embezzled as stolen objects are acquired repeatedly, and another person has caused damage to many unspecified victims by encouraging another person to commit the crime of embezzlement of stolen objects from possession, etc., which is highly likely to be subject to criticism, the crime of this case during the repeated crime period, the crime of this case has been committed during the repeated crime, the record of the suspension of indictment for the same crime has been suspended, the escape of the case during the trial seems to have been taken part in the crime of this case due to F’s solicitation, under the circumstances unfavorable to the disadvantage of the victim, six of the cell phones acquired by the defendant as stolen objects, and other favorable circumstances that the defendant led to confession and confession, character and behavior, environment

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