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(영문) 대구지방법원 경주지원 2013.10.29 2013고단490

특수절도

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Defendant A was sentenced to six months of imprisonment with prison labor for special larceny in the Daegu District Court Kimcheon Branch on September 5, 2012 and two years of suspended execution on September 13, 2012, and the judgment became final and conclusive on September 13, 2012.

【Criminal Facts】

1. Defendant A and Defendants B found that, in collaboration with C, the vehicle door of the victim E at around 00:00 on December 1, 2010, the front side of the D Building, the vehicle door of the F IWn-Wn-Wn-C-owned vehicle was not opened. Defendant A and C reported the network, Defendant B opened the vehicle door and opened the vehicle door to the vehicle door at that location, and Defendant C and the back seat were cut off with the vehicle door of the vehicle door at that location. Defendant C and the back seat were on board and a 7.5 million won at the victim’s market price, including the above vehicle of KRW 2.2 million at the victim’s market price, including the above vehicle of KRW 7.5 million at the victim’s market price, and KRW 300,000,000 at the market price, KRW 1,000,000,000.

2. On December 1, 2010, at around 00:00, Defendant B driven a F-I-Wn-Wn-Wn-Wn-Wn-si car without a vehicle driver’s license in a section of about 20 kilometers from the building in front of the building D on the same day to about 0:30,00 on the same day.

Summary of Evidence

1. Defendants’ respective legal statements

1. Police suspect interrogation protocol regarding C;

1. Statement to E by the police;

1. Investigation report (Attachment to the B driver's license register);

1. Previous records: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

1. Relevant Article 331(2) and (1) B of the Criminal Act: Defendant A: 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 choice of imprisonment);

1. Defendant A who handles concurrent crimes: The latter part of Article 37 and Article 39 (1) of the Criminal Act;

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

1. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;