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(영문) 울산지방법원 2015.07.02 2014고단1881

특수절도등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. Around 03:30 on December 20, 2013, the Defendant discovered that the victim E (the age of 39) was seated in the driver’s seat of Fworkstren vehicle in front of the “D” shop located in the same Gu C in the same Gu as “D” located in Busan Southern-gu, Busan, while the Defendant: (a) was under the influence of alcohol; (b) was able to report another person’s coming from the side; and (c) B opened a door that did not correct the said car; and (d) took approximately KRW 4,000 for the street owned by the victim.

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

2. The Defendant and B made a false report to the police as if they were involved in a traffic accident while driving the said vehicle while under the influence of E by taking advantage of the same condition as that of E’s paragraph 1, and conspired to use it to raise money from E for medical treatment and agreement.

B, around 03:35 on December 20, 2013, reported to the police on the phone located at the H convenience store located in Nam-gu Busan Metropolitan City G to the effect that “A was in excess of a food parking volume, and the driver (E) was diving,” and subsequently made a false statement to the effect that “A was sold due to a drinking traffic accident by a driver (E)” to the effect that “B was a police officer who was called to a place where the said F rocketing car was located, and the Defendant was used at that place.”

However, there was no fact that E had caused a traffic accident involving the defendant by driving the said car while under the influence of alcohol.

Accordingly, the defendant conspired with B for the purpose of having E receive criminal punishment.

3. The Defendant, as described in paragraph (2), filed a false report with the police along with B on the victim E, and the victim is the victim from around 10:00 on December 20, 2013 to around 17:00 on the same day.