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(영문) 대구지방법원 서부지원 2016.11.04 2016고단1395

특수절도등

Text

Defendants shall be punished by imprisonment for six months.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On September 16, 201, the Defendants discovered a f1 ton cargo vehicle parked by the victim E on the front side of the D Company located in Seogu Daegu-gu, Daegu-gu, and Defendant B reported the network around the surrounding area; Defendant A opened a door that was not a locker for the said cargo vehicle and carried it at the driver’s seat, and driven the said cargo vehicle while driving it.

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

2. Defendant A driving a stolen F Poter vehicle without obtaining a driver’s license at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. E statements;

1. Application of Acts and subordinate statutes to investigation reports (reports on attachment to the AA driver's license register);

1. Defendant A of pertinent legal provisions relating to criminal facts: Article 331(2) and (1) of the Criminal Act, Article 152 Subparag. 1 and Article 43 of the Road Traffic Act, Defendant B: Article 331(2) and (1) of the Criminal Act;

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act

1. Defendants subject to suspended execution: Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act in cases where the Defendants are juveniles);