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(영문) 대구지방법원 서부지원 2016.01.28 2015고단1946

특수절도등

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by a fine of 100,000 won, and by imprisonment with prison labor for six months.

Defendant

A above.

Reasons

Punishment of the crime

1. Defendant A

A. On July 19, 2015, the Defendant: (a) discovered that the Defendant was parked in front of the Seo-gu, Daegu-gu, Daegu-gu (Seoul-gu); (b) discovered the key of FDIO125 Otoba in an amount equivalent to KRW 2.5 million at the market price of the victim E-owned; and (c) drive the cre in which surveillance was neglected, leading the Defendant to drive the cre in front of the said cretoba.

B. The Defendant without a license is driving from July 19, 2015 to the same year.

9. Until December 24, 200, he driven the diversary dump, as described in the foregoing paragraph, on the roads of Pyeongtaek-gu and Scattering-dong, Daegu, and without a motor bicycle driver’s license.

2. Joint crimes committed by the Defendants

A. Special larceny Defendants: (a) had concerns that Defendant A would be exposed to investigation agencies while using the stolen stobane as described in the above paragraph (a) as well as Defendant A’s use; (b) had the mind of avoiding tracking by means of attaching a number plate of another stobs; (c) Defendant B, on July 26, 2015, was in front of the Seo-gu, Daegu-gu, Daegu-gu; and (d) Defendant B, on the basis of the network, had the victim H, who was parked in that place by using the stopner prepared in advance, removed the number plate of the I SG125 stoba.

As a result, the defendants stolen the victim's property together.

B. The Defendants at the unlawful use of air defense and the unlawful use of air, and at the time and place described in the above 2-A, the Defendants at the use of air defense and at the places described in the above 2-2-A, as described in the above 2-A, affix the IO125 Oba, which they stolen as of July 19, 2015, to Defendant A’s dIO125 Oba, and the same year thereafter.

9. From the 24th day to the 24th day, the Defendant operated the Hababa in the Daegu Seo-gu Pyeongdong and Scattering Dong.

As a result, the Defendants conspired to use the air gate number plate for the purpose of exercising it, and exercised it.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to E and H:

1. Written statements of J;

1. Application of the Acts and subordinate statutes to photographs taken against theft;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;