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(영문) 인천지방법원 2014.01.16 2013고단8071
장물취득
Text

Defendants shall be punished by imprisonment for ten months.

However, the above sentence against the defendant AP for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On May 28, 2012, Defendant AP purchased 27 mobile phones of non-merchantss in total at 8,945,00 won and acquired stolen goods at 8,945,00 won as shown in the attached crime list 1, even though he/she knew that he/she is a stolen goods that he/she purchased from SS and five mobile phones of the market price are stolen, Defendant AP purchased 1,50,000 won and acquired stolen goods.

2. On May 28, 2012, Defendant E purchased 27 mobile phones totaling of market prices at KRW 9,485,000 and acquired stolen goods in total six times as shown in the attached list of crimes, with the knowledge of the fact that he/she is a stolen and five mobile phones in the market price of the victim who is a stolen that he/she purchased from AP, and the mobile phone in the market of the market, even though he/she is aware that he/she is a stolen, and acquired stolen goods.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. AS a copy of the protocol of interrogation of the police officer (including the substitute part);

1. AS a copy of the statement made by the police;

1. Application of Acts and subordinate statutes to an investigation report (a copy of written opinion on the relevant case);

1. Relevant Article 362(1) of the Criminal Act and the Defendants’ choice of punishment on criminal facts

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendant AP under a suspended execution: Article 62 (1) of the Criminal Act;

1. Probation and Social Service AP: The crime of acquiring stolen goods on a mobile phone, such as this case’s reason for sentencing Article 62-2 of the Criminal Act, is very serious as a result of promoting or supporting the theft or possession of a mobile phone, thereby causing serious social harm, and thus, it is necessary to strictly punish the crime. In light of the fact that the size of the crime committed by the Defendants is not large, it cannot be deemed that the responsibility for the crime is light.

However, Defendant AP.

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