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(영문) 부산지방법원 서부지원 2017.12.06 2017고단116

특수절도

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On February 22, 2017, around 02:35, the Defendant: (a) opened a driver’s seat which is not equipped with a correction device for a vehicle of 2 million won Ei30,000 won at the market price owned by the victim D, who was parked by the Defendant’s friendship C in front of the Ho-gu B, 2017; (b) discovered that the vehicle height is stuck onto the above vehicle’s height; (c) opened the vehicle at the driver’s seat; and (d) opened the vehicle at the driver’s seat; and (d) then the said C was seated in the steering seat; and (e) cut the vehicle by the Defendant while driving the damaged vehicle.

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

Summary of Evidence

1. A protocol concerning the examination of each police officer against the accused and C;

1. Statement made by the police against D;

1. Protocol and list of seizure;

1. Application of Acts and subordinate statutes to the investigation report (suspect summary verification);

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;