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A defendant shall be punished by imprisonment for not less than eight 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 September 2, 2016, the Defendant purchased 15 mobile phones, a stolen in the same way, from August 2, 2014 to the above day, 14 times in the same way as written in the daily list of crimes, in a middle and long-term mobile phone store where there is no trade name in the Defendant’s operation at Kimpo-si, Kimpo-si, and the bus drivers, a bus driver of the sub-cheon bus brought to the above store by E, around August 30, 2016.
Accordingly, the defendant habitually acquired stolen goods.
Summary of Evidence
1. Partial statement of the defendant (as at the fifth public trial date);
1. Legal statement of witness E;
1. Part of each protocol (list 15, 30) concerning the examination of the accused and the examination of the suspect by the police;
1. Each protocol of suspect examination of the police in relation to E, F, and G (list 9, 11, 14);
1. Each statement (List 1, 6, 7, 23, 25 through 28) of H (tentative name), I, J, K, L, M, N, andO;
1. The next inquiry (List 5), and response to a request for the provision of each communication data (List 19, 21);
1. Each investigation report, etc. (list 2, 3, 8, 10, 31);
1. Photographs (List 32);
1. Protocols of seizure and list of seizure (list 16, 17);
1. Habitualness of the judgment: Application of Acts and subordinate statutes recognizing dampness in light of the methods, frequency, period, frequency, etc. of crimes in the judgment;
1. Article 363 (1) and Article 362 (1) of the Criminal Act (including provisions) concerning the facts constituting an offense;
1. Article 53 and Article 55 subparag. 3 of the Criminal Act for Reduction of Quantity (Article 55 subparag. 1) of the Act on Reduction of Reduction of Quantity (Article 53 and Article 55 subparag. 3 of the same Act that recognizes some facts of crime, there is no record of criminal punishment except for the preceding offense of a fine for this type and once, the frequency of acquiring stolens is not very high or very large;
1. Article 62(1) of the Criminal Act on the stay of execution ( considered as above);
1. Determination on the Defendant and defense counsel’s assertion under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Orders
1. Summary of the assertion
A. Attached Table 2, 3, 5