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(영문) 인천지방법원 2016.05.12 2016고단1813
장물취득
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 9, 2016, the Defendant: (a) purchased 30,000 won of the price, knowing that the Defendant was a mobile phone with a total of three cell phoness, such as D, F, and G, in front of the branch of Sungnam-si, Sungnam-si; and (b) purchased 2,30,000 won of the price, from among the mobile phones owned by the victim H, who was stolen by D, F, and G, in good galloned by D; and (c) acquired gallon, among the mobile phones owned by the victim H, in so far as the state of galloned by D, F, and G, is a good gallon.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes in the protocol of prosecutor's statement concerning D;

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. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act / [the scope of the recommended sentence] No person who has no basic area (from June to June) (the person subject to special sentencing) [the decision of sentencing] / The fact that the defendant's cell phone acquired from the crime of this case is less than 3, the number of the cell phone used by the defendant is less than 3, the detention of the defendant would cause excessive difficulty to his family members. The fact that the defendant has no record of imprisonment without prison labor or heavier punishment (one million won) is considered as favorable circumstances, and the fact that the defendant has no record of punishment for the same kind of defendant is considered as favorable circumstances, and the defendant's age, sexual behavior, environment, etc. as shown in the records and arguments of this case shall be determined by taking into account the various matters prescribed in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's age, environment, etc.

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