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(영문) 서울중앙지방법원 2016.08.24 2016고단3359
장물취득
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On April 25, 2016, the Defendant: (a) purchased stolen goods from E and F on April 25, 2016, after being aware of the fact that the victim H’s market value was 9.60,000 won at the gallon 4 mobile phones and the victim I’s market value at KRW 800,000,000,000,000 won; and (b) acquired stolen goods from E and F on April 25, 2016.

2. On April 27, 2016, the Defendant: (a) purchased stolen goods in the amount of KRW 200,000,000,000, from E and F, of KRW 101,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with respect to E and F;

1. Application of Acts and subordinate statutes to photographs by cutting down records of seizure, list of seizure, and seized articles;

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

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, Article 50 of the Criminal Act, Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes [Scope of Recommendation] [Article 1 of the Act on the Aggravated Punishment of Concurrent Crimes (Article 38(1)2, Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes] In the basic area (Article 1 of the Act on the Aggravated Punishment of Specific Crimes) (Article 1 of the Act on the Aggravated Punishment of Specific Crimes (Article 36 of the Act on the Aggravated Punishment of Specific Crimes).

Provided, That the punishment shall be determined as ordered in consideration of the fact that the defendant is against his or her gender, the fact that he or she has no criminal record, and other circumstances, such as the age, environment, family relationship, etc.

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