The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

On August 2016, the Defendant purchased from a person who was unable to know the name of 5,00 won or more of the market value of the victim C (54 years of age) in the gallon ju city on the Internet, and kept the stolen in front of the exit 300,000 won at the center of Daegu-gu, as the center of 436:10 on September 19, 2016, while being aware of the fact that it was stolen, the Defendant had been aware of the fact that it was stolen.

Summary of Evidence

1. Partial statement of the defendant;

1. A criminal investigation report (Recovery of damaged articles), investigation report (victim's statement) (the defendant and his/her defense counsel asserted that the defendant did not know that the mobile phone of this case was stolen at the time.

However, in the crime of stolen property, the perception of stolen property is not required to be a conclusive perception, and it is sufficient to have dolusent perception as to the degree of doubt that the stolen is ambiguous (see, e.g., Supreme Court Decision 2004Do5904, Dec. 9, 2004). The following circumstances acknowledged by the evidence duly adopted and duly examined by the court of this case, i.e., the purchase of the instant mobile phone with the so-called "foreign mobile phone" at the price of half of the market price at the time, i.e., the Defendant purchased the instant mobile phone with the so-called "foreign mobile phone"; ii) in general, when the purchase of a heavy and high cell phone is considerably low compared to normal goods, the purchaser is doubtful as to whether the relevant goods are stolen and clearly confirmed; and iii) even in the assertion of the Defendant and his defense counsel, the Defendant tried to sell the instant mobile phone purchased at KRW 200,000,00,000, considering that it had been sufficiently aware about the instant mobile phone.

It should be viewed.

Accordingly, the defendant and the defendant who are in conflict with this.