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(영문) 춘천지방법원 강릉지원 2013.08.14 2013고단373
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. A thief: (a) around 02:30 on June 13, 2013, the Defendant: (b) opened a stief door, which was parked in the street parking lot in front of a restaurant located in C, and driven by her driver at the speed of 24,000,000 FW 320i, the market price of the victim E, owned by the victim E, who was parked therein; and (c) opened a stief door, which was not set up in the car and her driver at the speed in the said car.

Accordingly, the defendant stolen the victim's property.

2. On June 14, 2013, at around 12:20 on June 14, 2013, the Defendant: (a) driven a stolen BMW 320i car with the victim H, as described in paragraph (1), at the IB station operated by Gangseo-si, Gangnam-si; and (b) requested the victim to “IW 320i car,” stating, “IW 320i car,” and, as if I would pay for the completion

However, the Defendant had no intention or ability to pay the oil price to drive the said car without paying the price on the face of gasoline harmful week.

The Defendant received gasoline equivalent to KRW 107,00 at the market price of the said car from the victim, namely, at the victim’s seat.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H and E;

1. Application of the Acts and subordinate statutes to the records of seizure, the list of seizure, the seized vehicles and internal photographs of the vehicles and vehicles, copies of vehicle registration certificates, CCTV-faging photographs of the vehicles that escape after being milked, and copies of principal receipts;

1. Relevant Article 329 of the Criminal Act, Articles 329 and 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment with prison labor;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (an aggravated punishment for concurrent crimes prescribed in grave fraud);

1. Article 62 (1) of the Criminal Act on the suspended execution ( normal consideration of the favorable reasons for the remaining sentence);

1. The defendant, on the grounds of sentencing under Article 48(1)1 of the Criminal Act, has stolen high-priced vehicles and acquired the principal price while driving a stolen vehicle.

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