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(영문) 대전지방법원 천안지원 2016.05.12 2016고단328
상습장물취득
Text

A defendant shall be punished by imprisonment for not more than ten months.

So far as gallon(No. 3) on seized observers GX2 white cell phones and gallon(No. 6) on gallon(s).

Reasons

Punishment of the crime

On November 27, 2015, the defendant appealed to the court of appeal after being sentenced to a suspended sentence of two years for six months in prison in the support of Sungnam branch of Suwon.

On March 12, 2016, the Defendant purchased and acquired 20,000 won for the gallon 3 smartphones owned by the victim F, which he acquired while driving a taxi from a cab driver E, even though he was aware of the fact that the gallon 3 smartphones were the stolen goods in the south-gu Seoul Metropolitan City.

In addition, from October 12, 2015 to March 12, 2016, the Defendant purchased and acquired a total of 115,755,00 won of smartphone 298, a stolen object, in the same way as indicated in the attached crime list, from around October 12, 2015 to March 12, 2016.

Accordingly, the defendant habitually acquired stolen goods.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the prosecutor with respect to the prosecution;

1. Statement made by the police on the police;

1. Written statements of each victims;

1. Police seizure records;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the number of crimes, frequency of crimes, and the fact that the same kind of crimes has been committed in a planned and organized manner;

1. Articles 363 (1) and 362 (1) of the Criminal Act, inclusive, with respect to the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The case is very serious in light of the method or content of the crime committed in sentencing Article 333(1) of the Return Criminal Procedure Act.

However, the punishment was determined by taking into account the fact that there is no criminal history of the same kind, the fact that it is against the defendant, and the age, sex, circumstances after the crime.

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