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(영문) 인천지방법원 2016.08.12 2016고단3898
특수절도
Text

Defendant

A shall be punished by imprisonment with prison labor for six months, by imprisonment for six months and by fine for three hundred thousand won.

Defendant

B above.

Reasons

Punishment of the crime

Defendant

B On July 3, 2015, this court was sentenced to imprisonment with prison labor for special larceny, etc. and completed the execution of the sentence on November 24, 2015.

1. The Defendants’ special larceny as well as the Defendant’s special larceny: (a) around May 20, 2016, around 05:15, around 113, Dongdong apartment 3, Dongdong apartment, which was parked in the vicinity of the bicycle storage facility adjacent to Dongdong apartment 3, Dongdong apartment, with intent to discover and steal the victim’s DNA X-gu EXE (market price equivalent to 1.5 million won); (b) Defendant A used Batok, which was in his usual possession, put the victim’s Ototo a kik, and drive a car back with it; and (c) Defendant B carried the victim’s Otoba, which was driven by Defendant A, on board.

As a result, the Defendants committed a theft of the victim's Obane together.

2. Defendant B’s violation of the Road Traffic Act (unlicensed Driving) driven a motor bicycle without a motor device bicycle license; around 05:15 on May 20, 2016, the Defendant driven a bicycle with an engine engine device 1000 c motor vehicle bicycle from the new apartment parking lot located in Bupyeong-gu, Incheon, Bupyeong-gu, Busan, to the original mountain tunnel located in the Bupyeong-gu, Incheon, Bupyeong-gu, 91.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. E statements;

1. On-site photographs of the case and photographs of damaged articles;

1. Inquiries into the license ledger;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal history inquiry, sentence and personal confinement;

1. Article 331(2) and Article 331(1) of the Criminal Act: Defendant B: Article 331(2) and Article 331(1) of the Criminal Act (joint larceny), Article 154 Subparag. 2 and Article 43 of the Road Traffic Act (unlicensed driving, Selection of fines);

1. Defendant B who aggravated repeated crimes: Article 35 of the Criminal Act (Special Theft)

1. Aggravated concurrent crimes: The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the Criminal Act;

1. Defendants to be mitigated in amount: Articles 53 and 55(1)3 of the Criminal Act (in the case of Defendant B, with respect to special larceny).

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