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(영문) 서울중앙지방법원 2017.10.13 2017고단5463
절도등
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. 절도 피고인은 2017. 6. 24. 05:30 경 서울 강남구 D에 있는 E 마트 앞 노상에서, 피해자 F이 시동을 켠 채 자리를 비운 틈을 이용하여, 피해자 소유인 시가 5,400만 원 상당의 G 모 하비 승용차를 운전하여 가지고 가 절취하였다.

2. The Defendant, in violation of the Road Traffic Act, driven a motor vehicle at the bar specified in paragraph (1) while under the influence of alcohol content of about 50 meters in approximately 0 meters from the date, time, and place specified in paragraph (1) to the entrance of the third apartment parking lot in the 89-lane, as the former bankruptcy procedure, while driving a motor vehicle at the bar specified in paragraph (1).

3. Around 09:50 on June 24, 2017, the Defendant obstructed the police officer’s legitimate performance of duties in criminal investigations by assaulting the police officer’s face, such as spitation, etc., on the ground that: (a) the police officer Gangnam-gu Seoul Southern Police Station H and the office located in Samsungdong 171-2 arrested a flagrant offender for the above criminal facts; and (b) the police officer I, who was affiliated with the above police station, was arrested and taken into custody of a flagrant offender for the above criminal facts; and (c) the police officer’s horse spits, etc. at the police officer’s seat without any reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement of the defendant in the protocol concerning the examination of the suspect against the defendant;

1. Each police statement made to F and I;

1. Statement report on the circumstances of the driver who is to take the driving, investigation report (report on the circumstances of the driver who is to take the driving), and report the results of regulating drinking driving

1. Statement of control, each investigation report (Nos. 7, 8, 10, 13, 18, 20 and 21 once a year);

1. Application of the Acts and subordinate statutes to photograph CCTV images (No. 9 times a net time), field photographs (No. 14 times a net time), and multi-purpose CCTV photographs (No. 19 times a net time);

1. Article 329 of the Criminal Act (a point of view), Article 136 (1) of the Criminal Act (a point of interference with the performance of official duties), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of each alternative fine for punishment (the fact that the defendant recognizes all criminal facts and is against him/her, and the crime of larceny;

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