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(영문) 서울남부지방법원 2020.10.13 2020노1219
장물취득등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal: Imprisonment with prison labor for one year;

2. The judgment of the Defendant acquired high-priced stolen vehicles for his own interest, and input a large number of vehicles in question to illegal business, thereby disturbing the order of passenger transport business, thereby hindering the order of the passenger transport business.

However, considering the following: (a) the stolen vehicle temporarily acquired the stolen vehicle; (b) the stolen vehicle was returned to the victim; (c) the accomplice reaches an agreement with the victim; (d) the offense of violating the Passenger Transport Service Act appears to be a living offense; and (e) the Defendant’s criminal records; (e) the size and period of violation of the Passenger Transport Service Act; (e) the balance of punishment with the accomplice; and (e) the Defendant’s character and conduct of the Defendant’s personality

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the following decision is rendered again.

(1) In light of the above legal principles, a prosecutor’s appeal shall be dismissed. (3) In light of the above legal principles, a prosecutor’s appeal shall be dismissed. (4) In light of the above legal principles, a prosecutor’s appeal shall be dismissed. (4) In light of the above legal principles, a prosecutor’s appeal shall be dismissed. (4)

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 362 (1) of the Criminal Act (the acquisition of stolens), Article 90 subparagraph 6-2 of the Passenger Transport Service Act, Article 34 (1) of the same Act (the occupation of leasing a leased automobile), Article 90 subparagraph 8 of the Passenger Transport Service Act, Article 90 and Article 81 (1) of the same Act (the occupation of rent of a private car) of the Passenger Transport Service Act, the

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration of grounds for reversal);

1. Social service order under Article 62-2 of the Criminal Act;

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