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(영문) 대전지방법원 천안지원 2019.03.28 2016고단415
절도등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From January 14, 2016 to October 10, 15 of the same month, the Defendant: (a) at the front parking lot of “C” located in “C” in “A” at a Sinju City between 10:15 on the same month; (b) discovered an amount equivalent to KRW 2,500,000 of the market value of E-TT truck owned by the victim D, which was parked at the same place; and (c) stolen it by walking the vehicle at the time.

In addition, from that time to February 14, 2016, the Defendant stolen property worth KRW 2,850,500 in total on six occasions, such as the list of crimes in the attached Table.

2. From January 14, 2016 to October 15, 2016, the Defendant, from the above “C” parking lot from around 17:00 to around 10:15 of the same month, driven a e-mail vehicle, which was stolen without obtaining a driver’s license, from the previous parking lot of the “C” to around about 30km in the vicinity of the Fridge in the Dong-gu Seoul Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each statement of G, H and D;

1. The police seizure record and the list of seizure;

1. Making inquiries into the license ledger;

1. The suspect and the criminal scene of the crime, photographs of ctv video material, on-site and on-site ctv video material photographs, photographs of the recovered vehicle, and photographs of the damaged place (I);

1. Investigation reports (verification of CCTVs, etc. at the site) and investigation reports (specifics, etc. of the raise of suspects);

1. Requests for an on-site fingerprint appraisal, response to the results of an appraisal on the scene of a crime, fingerprinting verification, written appraisal, reply to the results of an appraisal on the scene of a crime, request for genetic analysis, reply to requests for appraisal, and application of Acts and subordinate statutes to the said written appraisal;

1. Relevant Article 329 of the Criminal Act, the choice of imprisonment and punishment for the crimes, Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

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

1. Article 62 (1) of the Criminal Act;

1. Probation and medical treatment order, Article 62-2 of the Criminal Act, subparagraph 1 of Article 2-3 and Article 44-2 of the Medical Treatment and Custody, etc. Act recognize all of the crimes of this case.

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