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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On February 24, 2014, at around 16:00, the Defendant acquired, from a person whose name is unknown, the stolen victim C’s gallon-based 2 mobile phone market value of KRW 1,00,000,000,000 in total, from March 2, 2014, the Defendant acquired the stolen goods at KRW 1,000,000,000 in total, from March 2, 2014, as indicated in the list of crimes, from around four times in total, as indicated in the list of crimes.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement of C, D, E, and F;
1. Records of seizure and the list of seizure;
1. Application of each statute on photographs;
1. Relevant Article 362 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)
1. Although the reasons for sentencing under Article 62-2 of the Criminal Act of the probation and community service order had been punished several times due to the crime of the same and different types, the crime of the stolen acquisition of this case has been committed repeatedly, and at the same time, the nature of the crime is not good, such as repeated committing the crime. On the other hand, considering the favorable circumstances, such as the fact that damaged goods have been returned to the victims, and the fact that the victims are recognized of mistake and reflects, and other circumstances, including the defendant’s age, character and behavior, environment, family relationship, etc., the sentence of imprisonment is imposed to the defendant, and it is deemed proper to suspend the execution of the sentence on condition that the probation and community service order will be performed for the prevention of recidivism