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(영문) 부산지방법원동부지원 2020.12.17 2020고단1032

특수절도등

Text

Defendant

A Imprisonment with prison labor of 10 months and fines of 50,000 won, and Defendant B shall be punished by imprisonment with prison labor of 6 months.

Defendant

A above.

Reasons

Punishment of the crime

1. The Defendants’ co-principal

A. On January 20, 2020, at around 23:10 on January 20, 2020, the Defendants: (a) opened a “E” restaurant operated by the victim in Busan-gun, Busan-gun; (b) opened a female toilet window; and (c) entered the above restaurant; (d) Defendant B reported the network; and (e) Defendant A maintained a line connected to the shot on the shot belt located on the shot belt, with a cash receipt amounting to approximately KRW 50,000,000, which is owned by the victim.

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

B. On January 21, 2020, at around 03:05, the Defendants: (a) discovered a Hlearning car with the market value equivalent to KRW 3.2 million, the victim owned by the parked vehicle without correcting the vehicle door; (b) opened a door and boarded the vehicle; and (c) Defendant A driven the vehicle with the key located in the instant World Cup.

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

2. At around 03:05 on January 21, 2020, Defendant A driven a H-learning car without obtaining a driver’s license from the G apartment parking lot located in Busan-gun, Busan-gun to the road adjacent to the above apartment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. Investigation report by the police on C and F on the statement (suspect specific);

1. The application of the Acts and subordinate statutes on CCTV images in the register of driver's licenses for each gene appraisal request, CCTV images CDs in the register of driver's licenses, photographs and CCTV images in G apartment units at the time of theft;

1. Relevant provisions of the Criminal Act and subparagraph A of the option of punishment for the crime: Article 331(2) and (1) of the Criminal Act (the point of special larceny), Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (the point of driving without a license and the selection of fines): Article 331(2) and (1) of the Criminal Act;

1. Juvenile Offenders A: