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Reasons
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(영문) 청주지방법원 충주지원 2018.06.22 2017고단874
특수절도
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A defendant shall be punished by imprisonment with prison labor for up to six months.

Costs of lawsuit shall be borne by the defendant.

Reasons

Punishment of the crime

On April 29, 2016, the Defendant was sentenced to a suspended sentence of five months for a crime of assault in the Daejeon District Court’s astronomical support on May 10, 2016, and the judgment became final and conclusive on May 10, 2016. On July 19, 2017, the Defendant was sentenced to imprisonment for three years and six months for attempted murder in the Daejeon District Court’s astronomical support, and the judgment became final and conclusive on December 22, 2017.

Defendant

On September 24, 2011, 05:30 on around 05:30 on September 24, 2011, and around the residence of the victim C in North-Gu, the victim owned by the victim, who was parked on the street, opened a door of the DD test vehicle in an influence and opened it, and driven the said vehicle.

As a result, the Defendant, in collaboration with the victim C, stolen the property equivalent to KRW 9,350,000,000 in total, KRW 3,50,000,000 in the market value of the victim C, and KRW 3,50,00 in the vehicle.

Summary of Evidence

1. The legal statement of the witness C;

1. Statement made by the police against C;

1. Reporting on occurrence or theft of vehicles;

1. A photograph of a CCTV image to be cut;

1. Detection of the vehicle;

1. CCTV images;

1. Photographs of a stolen vehicle;

1. A response to a request for appraisal (the sequence 23);

1. Results of inquiry into DNA personal information of the detained suspect;

1. A gene appraisal report;

1. A response to a request for appraisal (the sequence 32 of evidence);

1. Criminal Records: Two copies of investigation reports (Attachment, etc. of related cases’ rulings) and case search results, inquiries into the text of judgment, crimes, and criminal investigation records (A), and the text of judgment (No. 39 of 2017, 2015, 2232 of 2015, respectively) (the defendant denies criminal facts).

However, since long after theft of the vehicle, the offender discarded the vehicle in the debate and escaped, and the victim recovered the vehicle from around 13:30 on the day of theft.

The criminals damaged the inside of the vehicle by hulling it with grass soil, etc.

The 5th class of stolen vehicles (the rear door of the driver's seat, the back number plate of the vehicle, the section surface within the string of the vehicle, the direction direction of the vehicle, etc., and the front door is even inside.

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