(영문) 인천지방법원 2018.04.18 2018고단563

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(영문) 인천지방법원 2018.04.18 2018고단563

장물취득

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On September 2017, the Defendant purchased 160,000 won in total with knowledge of the fact that the market value of the victim C, the market value of which is equivalent to KRW 980,000,00,000, which is KRW 980,000,000,000, which is the victim-owned mobile phones, from the victim-owned 1,000,000,000,000. around that time, the Defendant acquired 1,60,000,000 won in total with knowledge of the fact that the victim-owned mobile phone price of KRW 9,000,00,00,000, is the 1,000,000,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C, D, E, and F;

1. Application of Acts and subordinate statutes to records of seizure, lists of seizure and photographs of seized articles;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes, and other conditions of sentencing, including the Defendant’s age, sexual conduct, environment, motive and circumstances of each of the instant crimes, means and methods, and circumstances after committing the instant crimes, shall be determined by comprehensively taking into account the following factors:

The defendant committed a crime of acquiring stolen goods on November 1, 2013 at a disadvantage: A favorable condition, such as the fact that he/she committed another crime of the same kind of crime even though he/she was sentenced to a probation of 2 years, protection observation, and 200 hours of community service order on January 16, 2014 due to a probation of 6 months, 2 years of suspension of execution, 40 hours of community service order, and 20 hours of community service order on January 16, 2014 and again committed a crime of the same kind of crime: The defendant recognized each of the crimes of this case, and against

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