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(영문) 의정부지방법원 2018.09.28 2018고단2607
장물취득
Text

A defendant shall be punished by imprisonment for six months.

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 April 23, 2018, around 15:00, the Defendant acquired stolen goods after purchasing 80,000 won of the price, knowing that the market price of the victim’s name and non-sipon 1, which is the non-sipon 8 mobile phones owned by the Defendant, was a stolen charge, from the Plaintiff, in Seoul Special Metropolitan City, Nowon-gu B Studio 101.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of the Acts and subordinate statutes governing internal investigation reports (including the details of conversations (including lost telephone phone transaction details), internal investigation reports (referring to the reference C telephone conversations), internal investigation reports (referring to the address of the C-delivery delivered), text messages, and transportation means reports;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommendation] There is no basic area (6 months to 1 year and 6 months) (the person subject to special sentencing) of Class 1 (the general stolen goods) [the decision of sentencing] [the defendant was committed in the instant crime even though he had a record of criminal punishment of fines twice due to the crime of acquiring stolen goods, again committed the crime of this case. In particular, the crime of this case is heavier than the defendant's liability in light of the fact that the crime of this case was committed during the period of suspension of execution due to embezzlement.

However, the following facts are considered: (a) the defendant's mistake recognized and seriously reflects the defendant; (b) the number of stolen goods acquired by the defendant is only one and its value is not relatively large; and (c) the defendant's age, sexual conduct, environment, motive or circumstance of the crime, motive or circumstance of the crime, method and method of the crime; (d) the method and method of the crime; and (e) the circumstances after the crime; and (e) the scope of the recommended sentencing guidelines established by the Sentencing Committee.

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