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(영문) 의정부지방법원 2014.11.19 2014고단3525
장물운반등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 09:40 on September 21, 2014, the Defendant received 8 mobile phone transport request from a person who is not related to his name from a mobile phone operator (one-person E) who is a Chinese mobile phone operator (one-person) in Ansan-si member C, or from a mobile phone operator (one-person E), taking advantage of the fact that he is a stolen, taking advantage of the fact that he is a stolen, taking advantage of the fact that he is a stolen, taking eight mobile phone transport from an in-name Kwikkset service operator via one-person F, and taking eight mobile phone transport from his nameless Kwikset service. On the same day, around 14:00 on the same day, at the entrance of subway 2, a Chinese tourist belonging to the G travelr, taking up H or h mobile phone 8 of the said mobile phone.

Accordingly, the Defendant transported stolen goods.

2. On September 26, 2014, at around 09:00, the Defendant: (a) received a request from a mobile phone receiver (one-person E), who is a Chinese mobile phone, to keep seven cell phoness that stolen, stolen, forcibly taken, stolen, stolen, or embezzled; (b) around that time, the Defendant, despite being aware of the fact that the stolen was a stolen, had Kwikset service engineer send the stolen mobile phone to the J traveler located in Ansan-si I in Ansan-si, Ansan-si; and (c) sought the aforementioned mobile phone through K, a person who is aware of the fact, thereby having him/her keep it in the above “D Co., Ltd.”.

Accordingly, the defendant kept stolen.

Summary of Evidence

1. Defendant's legal statement;

1. Each police investigation report (the details of seizure, etc.);

1. Application of Acts and subordinate statutes to seized articles, photographic materials, sites of seizure and photographs of seized articles;

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The transportation and keeping of mobile phones which are the 15 stolens, organized crimes. favorable circumstances: There is no record of the crime committed in the Republic of Korea, the degree of participation in the instant crime, and the extent of participation therein, and the criminal defendant acquired therefrom;

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