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(영문) 대구지방법원 2015.05.14 2015고단695
특수절도미수등
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 special larceny Defendant cut off the victim E-owned market value of approximately KRW 11,000,000 and approximately 200 km of steel pipe in advance, which was in a de facto marital relationship with C and on January 1, 2015, Gyeongcheon-gun D, the victim E, who was in a camping place, to a hacksaw with approximately KRW 11,00,000,000 of the market value of the victim E-owned, and carried them into one ton of cargo to a more string-flopp.

Accordingly, the defendant stolen the victim's property together with C.

2. On January 13, 2015, the Defendant: (a) cut off a vinyl pipe, prepared in advance, approximately KRW 250,000,00 of the market value of the victim E-owned at the said place at the said place; (b) cut off the Defendant into a hacksaw, which was loaded on the said cargo vehicle, and did not have been able to carry the victim’s wind, during being loaded on the said cargo vehicle.

Accordingly, the defendant tried to steal the victim's property in collaboration with C, and the defendant attempted to commit the attempted crime.

3. Violation of the Road Traffic Act;

A. On January 1, 2015, the Defendant, at the same time and time as the foregoing paragraph 1, driven a f1 ton of a f-f-f-f-f-f-f-f-f-f-f-f-f-f-f-f-f-f-f-f-f-f-f-f-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g

B. On January 13, 2015, the Defendant committed the crime without a driver’s license, within approximately 60km section from the front side of the Daegu Northern-gu, Daegu-gu, to the Gohap-gun, Gyeongcheon-gun.

The driver has driven the cargo vehicles such as the paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Each police statement of E;

1. Photographs;

1. Registers of driver's licenses and comprehensive records of car driving licenses;

1. Application of Acts and subordinate statutes to police seizure records and respective seizure lists;

1. Relevant provisions of the Criminal Act concerning criminal facts, Article 331(2) and (1) of the Criminal Act (the occupation of special larceny), Article 342, Article 331(2) and (1) of the Criminal Act (the occupation of attempted special larceny) of the choice of punishment;

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