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(영문) 대전지방법원 2015.03.10 2013고단4838
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

Of the facts charged in the instant case.

Reasons

Punishment of the crime

1. As the Defendant was in short of living expenses, he had induced the victim as if he were to purchase the car with a prompt name via the Internet, and attempted to steal the vehicle by undermining the trial run of the vehicle.

At around 13:28 on May 14, 2013, the Defendant: (a) called the victim C with telephone, and (b) was committed as if C were to purchase the D Ecoos car with the selling advertisement via the Internet; and (c) decided to talk with the victim in the large area.

At around 22:30 on the same day, the Defendant: (a) boardedd the victim and operated the victim in the large zone located in the Daegu Northern-dong; (b) demanded the victim to see the said car on the front road of the Daegu Medical Center located in Seo-gu, Seogu, Seo-gu; and (c) demanded the victim to see the said car on the front road of the Daegu Medical Center located in Seo-gu, Seo-gu, Daegu, Seo-gu; and (d) the victim moved to the driver’s seat and driven it as it is.

Accordingly, the defendant stolen the above car amounting to 4.5 million won in the market, cash amounting to 6.4 million won in the car, and one laddy in the market price.

2. On May 14, 2013, from around 23:00 to May 15, 2013, the Defendant driven a D-cub vehicle without obtaining a driver’s license from the front of the Daegu Medical Center located in Seo-gu, Daegu to the front of the new carbon vibration located in Daejeon-gu, Seo-gu, Daegu to the front of the 190km-gu, Daejeon, without obtaining a driver’s license.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the witness C’s legal statement;

1. Each protocol of the police interrogation of the accused (including cross-examination);

1. Statement of each police statement regarding C;

1. Financial transaction statement of victims;

1. A copy of a tax payment notice;

1. Copy of the victim registration certificate;

1. Application of statutes concerning disqualified meetings of the main office;

1. Relevant Article 329 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning criminal facts.

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