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(영문) 광주지방법원 순천지원 2020.06.17 2019고단2875
특수절도등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Criminal facts

1. Special larceny;

A. On August 22, 2019, at around 03:54, the Defendant, B, and C discovered 1 million won of the market price owned by the victim E, which was parked on the street of the D Building at the time of drinking water, and the Defendant reported the network in the vicinity, and B and C led her losses.

As a result, the defendant, B, and C stolen the victim's misuse.

B. Around 04:30 on August 22, 2019, Defendant 1, B, and C discovered that, within the victim I’s market value, the victim I, who was parked on the road above “H” and “H, the car is stuck up within the J Poter and the door is not corrected. B, and C, reported the network in their surroundings, and the Defendant driven the vehicle and driven it.

Accordingly, the defendant, B, and C stolen the victim's cargo vehicle together.

2. Around 04:30 on August 22, 2019, the Defendant driven a J Poter cargo vehicle without a driver’s license in a section of about 50 km from the direction of G and H on the same day, around 10:00 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each interrogation protocol of B and C:

1. Each statement of E and I;

1. Application of internal investigation reports (Attachment of photographs of damaged objects), investigation reports (Attachment of CCTV images to the scene of crimes by suspects), internal investigation reports (verification of CCTV images around the scene), reports on internal investigation (verification of CCTV images around the site), reports on field identification reports under statutes;

1. Relevant provisions of the Criminal Act and Articles 331(2) and (1) of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving without a license and the choice of imprisonment);

1. From among concurrent offenders, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, the defendant was sentenced to imprisonment with prison labor for three months with prison labor for larceny and one year with prison labor for suspended execution on October 19, 2018 and is sentenced to imprisonment with prison labor for one month and imprisonment with prison labor for larceny on April 5, 2019.

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