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(영문) 서울중앙지방법원 2017.04.27 2017고단1636
장물취득
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal record] On July 17, 2013, the Defendant was sentenced to one year and six months of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the stolen) and was released on July 30, 2014 during the execution of the sentence by the Seoul Southern Prison on parole on July 30, 2014 and passed on October 17, 2014.

[2] On January 11, 2017, the Defendant acquired stolen goods by purchasing KRW 5,90,000,000 from the victim E, who was stolen from D in the street near the Seoul Jongno-gu Seoul building, after being aware of the fact that one clock in the victim E, and one clock in the victim F, the market price of KRW 5,00,000,000, the victim F, is one, one clock in the victim’s market price, and one fold in the victim G, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Copy of the third protocol concerning suspect examination of the police against D;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history, report on investigation (verification of the period of repeated crime and attachment of the judgment, etc. of the relevant case), report on the results of previous convictions, and report on the date of release);

1. Article 362 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommending punishment] The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes is that there is a proper sentence that there is no person who does not have any basic area (6 months to one year and six months) [the person who is subject to special sentencing]: six months to one year and six months [the sentence] after the defendant completed imprisonment with prison labor for the acquisition of stolen goods, repeats the same crime during the repeated crime period; the acquisition of stolen stolen goods and the acquisition of stolen goods that have been sentenced two times a fine; the amount of damage is large; and the damage is not recovered from damage or it is disadvantageous to the defendant.

However, the defendant's mistake is recognized, and the escape for a certain period after the discovery of the crime was made, but it was voluntarily made to the investigation agency, taking into account the circumstances favorable to the defendant, and the age, sex, etc. of the defendant is committed.

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