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(영문) 청주지방법원 2012.06.01 2012고단858
특정범죄가중처벌등에관한법률위반(절도)
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of six months.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

1. Defendant A was notified of a summary order of KRW 700,000 of a fine for larceny, etc. in the Gwangju District Court Branch on February 12, 2009, and the same year.

4. 15. The punishment of a fine of three million won or more for larceny in the territory of the Changwon District Court;

9. On March 22, 2012, a person who was sentenced to a punishment of one year of imprisonment for special larceny in the Changwon District Court’s Dong Branch Branch of the Busan District Court on April 18, 201 to a suspended sentence of two years for larceny, etc. on December 16, 201 to a prison term of one year and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, in the Changwon District Court’s Dong Branch of the Seoul District Court on August 30, 201, and the execution of the sentence was completed on March 22, 2012. On March 25, 2012, the victim F was constantly sentenced to a punishment of one year of imprisonment for special larceny. On March 25, 2012, around 05:04, the victim F was considered to have set one of the above mobile phones at the victim’s seat and was set out in the cell phone list owned by the victim on April 21, 2012.

2. 피고인 B는, 2012. 1. 중순 18:00경 청주시 흥덕구 G 소재 H 주차장 안에서, 성명불상의 택시기사로부터 피해자 I 소유의 햅틱 휴대폰 1대가 장물이라는 정을 알면서도 이를 교부받아 취득한 것을 비롯하여 그 때부터 2012. 4. 5.까지 별지 범죄일람표 2 기재와 같이 8회에 걸쳐 장물을 취득하였다.

Summary of Evidence

[Fact 1]

1. Defendant A’s legal statement

1. Statement of police statement to J or K;

1. A report on damage from L;

1. Each statement of M, N,O, P, Q, R, S, T, U, and V;

1. Each protocol of seizure and the list of seizure (the fact of No. 2 at the time of sale);

1. Defendant B’s legal statement

1. Protocol concerning the suspect examination of the defendant A by the prosecution;

1. Written report on damage;

1. Each statement of I, X, R, S, and U;

1. Each protocol of seizure and the list of seizure;

1. Criminal records, copies of summary order, copies of each judgment, court rulings, and personal seal impressions (Habitualness at the time of printing) shall be stated respectively.

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