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(영문) 수원지방법원 안산지원 2014.01.28 2013고단2967

특수절도등

Text

A defendant shall be punished by imprisonment for one year.

1, WD-40 (Evidence No. 2), 1, Mad-40 (Evidence No. 2), Modulm that was seized.

Reasons

Punishment of the crime

1. A special larceny: (a) the Defendant, along with C, conspiredd with C to capture an abandoned house in the Ansan Japan, with a car; (b) shared external conditions using electricity; and (c) intruded into an abandoned house by taking advantage of the gaps where surveillance is neglected; and (d) conspired to steals the object.

According to such a public invitation, the Defendant, along with C on November 14, 2013, was waiting for a passenger car in the upper E-household in Ansan-gu, Simsan-si, the 14:22 Embs. on November 14, 2013, with C, and the Defendant confirmed that there is no person inside the victim F’s house located on the 4th floor of the said house, and using electricity, Alger C was listed as the house of the said victim.

The Defendant reported the network from the stairs, and C had six posts equivalent to the total market price of KRW 9245,00,00 in total, which was located in the house, after releasing the lock locking system of the victim's house, and intrusioning into the house by an influence, and had six posts, five earbs, eight halfbs, eight halfbs, one clock, one distribution place, one gift certificate of KRW 1,65,000, in cash.

Accordingly, the defendant stolen the victim's property together with C.

2. On November 14, 2013, the Defendant violated the Road Traffic Act (unlicensed driving) driving at around 15:04, the Defendant driven a DbenzE320 car over a section of about 30 meters on the road of about 683-4 meters prior to Ansan-si movement without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of examination of part of the defendant by prosecution;

1. The police statement concerning F;

1. Police seizure records;

1. Registers of driver's licenses;

1. On-site photographs and compilation photographs of video images;

1. Application of Acts and subordinate statutes to each investigation report (Evidence Records, 45, 72, 240 pages);

1. Relevant provisions of the Criminal Act and Articles 331(2) and (1) of the Criminal Act that apply to criminal facts, the choice of punishment (the point of special larceny), and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (the point of driving without a license and the choice of imprisonment);

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

1. Confiscation Article 48(1)1 of the Criminal Act