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(영문) 부산지방법원 동부지원 2014.06.25 2014고단783
특수절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On February 21, 2012, the Defendant was sentenced to 2 years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., in the Gwangju District Court’s support for the promotion of the head of Gwangju District Court, and the said judgment became final and conclusive and is still under the suspension period.

【Criminal Facts】

1. A special larceny: (a) around 03:30 on December 20, 2013, the Defendant: (b) discovered that the victim L(39 years of age) was seated in the driver’s seat of an O Mystren vehicle before the point of “K” located in the same GuJ and was divinged; (c) reported that other people come back from the side; and (d) the Defendant opened a door that did not correct the said car, thereby leaving approximately KRW 4,000 for the street owned by the victim.

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

2. The Defendant and I made a false report to the police as if they were involved in a traffic accident while driving the said car while under the influence of alcohol by using the conditions such as paragraph 1 of L, and by using it to raise money from L for medical treatment and agreement.

On December 20, 2013, at around 03:35, the Defendant reported to the police on the phone located at N convenience points in the Southern-gu Busan Metropolitan City M to the effect that “A driver (L) was diving,” and then made a false statement to the effect that “A driver (L) was dispatched to a place where the above Oststrens car was located, and I was used in the place where the driver (L) was in a drinking traffic accident.” The Defendant, respectively, stated to the effect that “A driver (L) was dead due to the said traffic accident, who was called “A driver (L) while going into delivery, while I was receiving I while going into delivery.”

However, there was no fact that L had caused a traffic accident in which I was driven by driving the said car while under the influence of alcohol.

Accordingly, the defendant is subject to criminal punishment in collusion with I.

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