beta
(영문) 창원지방법원 2015.07.07 2015고단806

특수절도등

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months, by imprisonment for six months and by a fine for thirty million won.

Defendant

B The above fine.

Reasons

Criminal facts

1. Joint Offense - Special thief Defendants discovered at the street in front of the “D” restaurant located in Kimhae-si on February 27, 2015, about two million won at the market price at which the victim E was installed, and Defendant A walked with the starting dong using the keys in his possession, and Defendant B driven the Defendant A on the back of the Otoba, and Defendant B driven the Defendant on the back of the Obane.

As a result, the Defendants committed a theft against the victim's right.

2. Defendant B’s sole criminal conduct - Violation of the Road Traffic Act (unlicensed Driving) on February 27, 2015, around 22:30, the Defendant driven a motor vehicle as described in paragraph 1 without a motorcycle driver’s license in a section of approximately 2 km from the front side of the “D” restaurant located in Kimhae-si C to the front side of Kimhae-si.

3. The Defendants’ co-principal - around 22:00 on February 28, 2015, the Defendants in violation of the Automobile Management Act conspired to remove the registration license plate of the Otoba, which was stolen, as described in paragraph (1), from the parking lot of the Defendant B’s residence located in Kimhae-si, as described in paragraph (1), and Defendant B set the handbs, etc. on the side, and Defendant A removed the seals of the registration license plate of the above Otoba using the construction section.

Summary of Evidence

1. Defendants’ respective legal statements

1. A E-document;

1. Seizure records;

1. Photographs;

1. Application of the statutes on the register of driver's licenses;

1. Defendant A of pertinent legal provisions concerning criminal facts: Article 331(2) and (1) of the Criminal Act; Articles 81 subparag. 1 and 10(2) of the Automobile Management Act; Article 30 of the Criminal Act: Article 331(2) and (1) of the Criminal Act; Articles 81 subparag. 1 and 10(2) of the Automobile Management Act; Article 30 of the Criminal Act; Article 154 subparag. 2 and 43 of the Road Traffic Act;

1. Defendant A who is selected to punish him: Defendant B who is sentenced to imprisonment with prison labor for a violation of the Automobile Management Act and a fine for a violation of the Road Management Act;

1. Defendant A who has aggravated concurrent crimes: Article 37 of the Criminal Act.