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(영문) 광주지방법원 2016.10.21 2016고단3793
특수절도등
Text

Defendant

A shall be punished by imprisonment with labor for up to eight months and by a fine of up to 300,000 won, by imprisonment for up to six months and by a fine of up to 300,000 won.

Reasons

Punishment of the crime

1. At around 02:00 on August 13, 2016, the Defendants’ special larcenyed Defendants: Emba CBR 125 Obama and GR 125D Habama Habama, which were installed by the victim D in the 107-dong underground parking lot located in Gwangju Northernbuk-gu, or in the 107-dong underground parking lot; Defendant B brought to the Defendant and Habama 125D Habama, which was set up by the victim F; Defendant B brought to the Defendant; Defendant A brought to the Defendant and Haba Haba Haba; Defendant A brought to the Kabaeba Haba, each of which was set at the Defendant’s Haba Haba, and Defendant B took place the Raba 125 Obama, respectively.

As a result, the Defendants committed a theft of two Obama owned by the victims.

2. Defendant A’s non-licensed driving without a license was driving a GRT 125D motor vehicle without a driver’s license in approximately 10 km away from the GRT 125D motor vehicle parking lot located in the 107-dong underground parking lot on the 107-dong underground parking lot on the road in Gwangju Mine-gu, Gwangju, without a driver’s license.

3. Defendant B’s non-licensed driving without the above temporary bordered the following: (a) in approximately 7 km section on the road in the 107-dong underground parking lot in Gwangju-gu, without a driver’s license; (b) in the 107-dong underground parking lot, Defendant B driven E-Da CBR 125 Oralba without a driver’s license.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of the police suspect interrogation protocol against the Defendants

1. Application of the Acts and subordinate statutes contained in a vehicle theft report, a statement of damage, each investigation report, and each item acceptance certificate;

1. Relevant provisions of the Criminal Act and Articles 331 (2) and (1) of the Criminal Act (the point of special larceny), Article 154 subparagraph 2 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving without a license and the selection of fines);

1. The former part of Article 37 and Article 38 (1) 3 of the Criminal Act for the punishment of concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Articles 70(1) and 69(2)1 of the Road Traffic Act of each criminal law for detention in a workhouse (violation of the Road Traffic Act)

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