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(영문) 인천지방법원 2016.09.21 2016노673
장물취득
Text

The defendant's appeal is dismissed.

Reasons

1. The Defendant, as indicated in the facts charged, does not have purchased one cell phone from C with a 4 mobile phone, the stolen object.

Nevertheless, the lower court erred by misapprehending the legal principles as to guilty.

2. Comprehensively taking account of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and examined by this court, it is sufficiently recognized that the Defendant purchased 4 mobile phone 10,000 won from C, a stolen, as indicated in the facts charged.

Therefore, the judgment of the court below is justified, and the defendant's assertion is without merit.

A. The core evidence of the instant case is C’s statement that is a sales of Aphone 4 mobile phones.

C was present at the investigative agency, the court of the original instance, and the court of the first instance, and there are some differences in statements. However, credibility is recognized in light of the following: (a) details of the transaction; (b) details of the transaction before and after the transaction; and (c) the attitude of the statement at the court (in particular, the court of the first instance)

B. C: (a) around March 7, 2015, around 13:30 on March 7, 2015, the Defendant reported the purchase advertisement of the phone, and (b) sought to sell the Defendant’s 4 mobile phones and 4 cellular phones per gallon in the operation station in Gyeyang-gu Incheon, Gyeyang-gu, Incheon.

(c)

However, the Defendant came to know of the fact that the 4th mobile phone was lost, and the fluor C was a woman, “The Defendant would choose whether the Defendant would make a fluoral and move to the police station, and whether the Defendant would sell 190,000 won or KRW 200,00,000 including 4 mobile phones and gallon No. 4 mobile phones,” and the Defendant had no choice but to sell it to the police station at a higher price than that initially asked.

“The statement is made to the effect that “......”

(1) The details of sales of gallon 4 mobile phones, including gallon phones 4 mobile phones at the time, and the details that the defendant suggested two options to C (in person).

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