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(영문) 대전지방법원 천안지원 2014.12.11 2014고단1214

특수절도등

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 00:50 on June 30, 2014, the Defendant conspired with the Defendant to detect F Cargo Vehicles owned by the Victim E, who was parked therein, and to steal the transit in the fuel tank. Around 00:50 on June 30, 2014, the Defendant was driving C B with the same nationality as the Defendant, while driving the D Poter Cargo Vehicles.

B opened a fuel tank for the damaged vehicle and loaded rubber strings into the Defendant’s operation, 20 liters, which connected to three of the damaged vehicle’s operation, deducted the transit contained in the damaged vehicle by connecting to three of the damaged vehicle’s operation, and the Defendant, along with B, transported plastic oil crings containing the aforementioned stolen transit to his own vehicle.

As a result, the Defendant, together with B, stolen approximately 110 literss of light oil equivalent to the market price of KRW 180,000.

2. Around 00:50 on June 30, 2014, the Defendant: (a) driven C truck without obtaining a driver’s license from the front of the Yandong-dong, Chungcheongnam-gu, Chungcheongnam-do to the front of the entrance of the D apartment as stated in the foregoing paragraph (1); and (b) drive C truck without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Each E statement;

1. A criminal investigation report by a public prosecutor;

1. Application of the Acts and subordinate statutes on the screen of a criminal scene photograph, damaged articles (inbound) taken away, and inquiry of a thirdS driver's license;

1. Relevant Article 331(2) and (1) of the Criminal Act concerning the crime, the choice of a sentence, Article 331(2) and (1) of the Criminal Act, Article 152 Subparag. 1 and Article 43 of the Road Traffic Act, and the choice of imprisonment with prison labor for

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the first offender and the fact that the error is repented in depth);

1. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 62 (1) of the Act on the Suspension of Execution);