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(영문) 청주지방법원 충주지원 2018.05.18 2018고단226
특수절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a foreigner of business B's nationality, and B is a foreigner of the defendant's interest khion, who is the defendant's seat.

1. A special thief, around March 17, 2018, the Defendant borrowed D Sluice A car from C, a branch office around March 17, 201, and conspired with B (B and Defendant’s name) to steals other vehicles using the said car.

Accordingly, on March 18, 2018, the Defendant driven B around 02:26, a around the same day, to the front day of “(F) E” located in the Chungcheongbuk-si, Chungcheongbuk-si. On the other hand, the Defendant found HP car equivalent to KRW 1,500,000 at the market price, which is owned by the injured party G due to the breakdown of the injured party G.

The defendant continued to be on board a vehicle owned by the victim after finding labels around B and connecting two vehicles, and he was on board the vehicle owned by the victim.

D Driving a motor vehicle for the Kaskn, it was stolen by leading the victim's vehicle.

Accordingly, the defendant stolen the victim's property together with B.

2. On March 17, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) driven the automobiles listed in the said paragraph 1 without a driver’s license in the section of approximately 80km from the front of the “J” to the front of the “L” road, via the places listed in the said paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. On-site reports (on-site CCTV perusal, etc.), -CCTV spanch photographs;

1. On-site reports (on-site access, etc. to CCTVs for car reading), -CCTV films, etc. - The details of the tea making;

1. A protocol of seizure and a list of seizure;

1. CCTV video CDs;

1. Application of Acts and subordinate statutes on the prosecutor's statement protocol to C;

1. Relevant legal provisions of the Criminal Act, Article 331(2) and (1) of the Criminal Act that choose a punishment for committing a crime, and Articles 152 subparag. 1 and 43 of the Road Traffic Act;

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

1. The sentencing of Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount is based on the sentencing of Article 53 and 55(1)3.

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