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(영문) 울산지방법원 2016.07.08 2016고단1251
장물취득
Text

A defendant shall be punished by imprisonment for one year.

Seized Nos. 6, 8, 10, 17 through 22 shall be returned to persons who have lost their names.

Reasons

Punishment of the crime

On January 7, 2014, the Defendant was sentenced to eight months of imprisonment for the acquisition of stolen goods from the support for the development of the source of water source, and completed the execution of the sentence on September 7, 2014.

On February 24, 2016, at around 01:02, the Defendant acquired stolen goods by purchasing KRW 30,000,00 of the price knowing that the Defendant’s smartphone 1 cost, which is the victim’s possession, is not known by the I operating H taxi, is a stolen, from G convenience stores located in Ulsan-gu F, Ulsan-gu.

In addition, from that time to April 29, 2016, the Defendant is as shown in the list of crimes in attached Form: Provided, That the date and time of the crime No. 12 shall be recognized differently on April 13, 2016.

In comparison with evidence, this part seems to be a simple clerical error and the defendant's overall recognition of the facts charged is not a substantial obstacle to the defendant's right of defense, so it is recognized differently without changing the indictment.

In total 23 times, 23 taxi drivers acquired 23 smartphones by purchasing 7,60,000 won in total with knowledge that they are stolen.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of police officers in relation to J,K, L, I, M, N, P, Q, R, M, U, V, W, X,Y, Z, AA, AB, AC, and AD;

1. Each police statement made for AE, AF, AG, AH, AI, AJ, AK, AL, AM, AO, AP, and Q;

1. AR's statement;

1. Each internal investigation report and each investigation report;

1. Police seizure records;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant provisions of the Criminal Act and Article 362 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Aggravation of concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment of concurrent crimes against the crimes specified in attached Table 23, the most severe punishment for the crimes);

1. Reasons for sentencing under Article 333 (1) of the Return Criminal Procedure Act;

1. Determination of the type of recommendation of the sentencing criteria: Specific crimes. Type 1 (the stolens related to general stolens) special sentencing factors - Aggravation factors: Specific crimes.

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