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(영문) 대구지방법원 영덕지원 2014.01.08 2013고단188
절도
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On March 18, 2013, the Defendant borrowed KRW 18 million to the victim D in front of the Gu-U.S. Hospital B located in Gu-U.S., and was registered in the name of E and F as a security, but he operated with the key and vehicle registration certificate.

On March 19, 2013, the Defendant: (a) driven the said BMW car parked in front of the Victim D’s House located in the Gu-U.S. Si, Si-S.; and (b) stolen it by driving it with an auxiliary heat that had been in possession of the said BM car.

Summary of Evidence

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement made by the police on D;

1. Application of the respective Acts and subordinate statutes in the register of automobiles, a copy of the loan certificate, a copy of registration of automobiles, a confirmation of the results of each electronic financial transfer, a certificate of deposit transaction, and

1. Article 329 of the Criminal Act applicable to the crimes and Article 329 of the Election of Imprisonment;

1. Reasons for sentencing [the scope of sentencing favorable to the reasons for sentencing] under Article 62(1) of the Criminal Act (the reasons for sentencing as follows) of the suspended sentence [the scope of punishment under law] 1 to six years of imprisonment [the decision of a sentence] ] 2 of the larceny against general property among the larceny crime group : There is no aggravated element: The mitigated element : [the scope of decision of a recommendation area and the scope of sentence] : The mitigated element of the second category of the larceny against general property among the larceny crime group : there is no mitigated element of imprisonment for 4 to 10 months [the main reasons for the suspended sentence] of imprisonment for 4 to 10 months: there is no negative element of the suspended sentence. There is no positive element of the suspended sentence [the positive factor for the suspended sentence]: A previous conviction [the decision of a sentence] above 18 million won for substantial loss suffered by the victim in this case], which has been loaned to the defendant as collateral, and there is no difference between the victim and the defendant's claim for criminal punishment.

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