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(영문) 부산지방법원 동부지원 2019.03.20 2019고단17
장물취득
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 1, 2017, around 14:00, the Defendant acquired stolen stolen stolen stolen goods from C over a total of five times, as indicated in the attached list of crimes, from around that time to November 4, 2018, including three gold bars, gold bars, and egress, which he stolen from C, at the residence of the Defendant located in Ulsan-gun, Ulsan-gun, U.S., U.S., Ltd., in a total of five times as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Investigative reports and investigation reports (in cases of suspect interrogation records, etc. of the prosecution C in this case), attached thereto;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);

1. Article 362 (1) of the Criminal Act and Article 362 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: Circumstances favorable to the defendant during the period of a repeated crime in this Chapter are against his/her mistake, the damage recovery has not been made, but there are circumstances that make it difficult to specify the amount of damage with the victim, there are no criminal records of the same kind, the recognition of stolen nature seems to have been dolusence, the profits actually acquired by the defendant compared to the purchase amount seems to have little significant, and all other circumstances, such as the defendant's age, environment, character and conduct, motive for the crime, circumstances after the crime, etc., shall be determined as per the order.

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