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(영문) 대구지방법원 2016.02.05 2015고단5974

특수절도등

Text

Defendants shall be punished by imprisonment for a maximum of ten months and by a short of six months.

Reasons

Punishment of the crime

Defendants are middle school dongs, and Defendant A is a swelve between the two parties, and there was a swelve between the two parties, and the two parties.

1. On November 20, 2015, the Defendants engaged in the joint crime of the Defendants, along with E, drinked alcoholic beverages and moved back to the street. On November 20, 2015, around 01:20 of the same month, the Defendants conspired to steals money and valuables and vehicles from the sexual party to take advantage of GIC located in Daegu Northern-gu, Daegu-gu, Daegu-gu., and they reported the network on the road. The Defendants intruded into the office by entering the said sexual party and removing the door door by hand, and intruded into the office by removing the office, and then came into the preliminary key of KRW 150,000 in cash and KRW 150,000 in IK3 car owned by the victim H, while driving the said vehicle with the market value of KRW 23,00,000,000 in the parking lot in the above Sung-gu.

2. Defendant A’s sole criminal defendant driving the said IK3 vehicle without obtaining a driver’s license from the date, time, place, to around 15:11 of the same month to the JJ building C, 302, Daegu Northern-gu, Seoul, Seoul, to the parking lot of 302.

Summary of Evidence

1. Statement of the suspect interrogation protocol against the Defendants in the prosecution room

1. Written statements (H) and internal investigation reports (as to attachment of CCTV images), internal investigation reports (as to the verification of CCTVs on the mobile line), records of seizure and list of seizure, investigation reports (as to attachment of damaged vehicles’ photographs), investigation reports (as to attachment of damaged vehicles’ photographs), three specifications on driver’s license, or application of the relevant statutes;

1. Relevant legal provisions and Defendant A who has selected a punishment for the crime: Articles 331(2), 331(1), and 30 of the Criminal Act (special larceny) and Articles 152 Subparag. 1 and 43 of the Road Traffic Act (Unlicensed driving, Selection of Imprisonment): Defendant B: Article 331(2) of the Criminal Act and Article 30 of the Criminal Act (special larceny)

1. Defendant A who is subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravating concurrent crimes to the extent that the period of two crimes is aggregated).