logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.04.20 2015고단4732
장물취득
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 2015, the Defendant introduced the I from H to China, which carried the mobile phone, and then sent a signal to the effect that the Defendant seen the vehicle from the road side to be shaking the cell phone at the upper end, and that the stolen or lost mobile phone is dead.

In order to purchase a mobile phone from "scams" that collects the above mobile phone from a driver or a taxi driver, and sell it to I.

Between 00:00 to 03:00 on April 30, 2015, the Defendant driven the Defendant’s Jhodo HG vehicle, and returned to the Seoul Jung-gu and Seoul Gangnam-gu. The Defendant knowingly acquired 41 S41 cell phone from “scams,” which is equivalent to KRW 800,000,000 in the market price of the Victim K-owned by the Defendant, with knowledge of the fact that it was stolen or lost, during the period from around that time to May 17, 2015, the Defendant acquired 30,040,000 won in total of the market price of the stolen or lost mobile phone, such as the list of crimes, by being aware of that it was stolen or lost.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of a suspect of the police officer regarding I;

1. The content of the investigation report (fakao Stockholm dialogue course-fagle photographs), the Kakao Stockholm dialogue;

1. A criminal investigation report (the text of I of the stolen business operator), the details of deposits into each beneficiary L, and the details of transactions;

1. Application of Acts and subordinate statutes to a report on investigation (the result of execution of a warrant of search and inspection);

1. Relevant Article 362 of the Criminal Act, the choice of punishment for the crime, Article 362 (1) of the Criminal Act, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to June 10;

2. Where the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines is [the scope of the recommended punishment] and the area of aggravated punishment (one year to three years) (one year to three years) (special increased persons] systematically shared the crimes;

3. The fact that the amount of damage caused by the determination of sentence is not certain, and that the crime was committed systematically is disadvantageous.

On the other hand, it is like.

arrow