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(영문) 춘천지방법원 2020.06.10 2020고단103
절도등
Text

A defendant shall be punished by imprisonment for six 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

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1. A thief Defendant was detained by the victim B, who is the thief, lent a thief C car owned by the victim to D, and D was willing to steal the said sturd car with the said sturd car parked in a public parking lot and not operated.

Therefore, the Defendant confirmed the location of the vehicle and the key of the vehicle to D, and stolen the vehicle by driving the vehicle with the engine flurbed vehicle by using the key over the market price, which was parked in the public parking lot located in the short-gu Seoul Metropolitan City at around 18:00 on January 2019 by taking advantage of the gap of management neglected in the public parking lot located in the short-gu, Nowon-gu, Seoul Metropolitan City.

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2. Around January 15, 2020, the Defendant, without a driver’s license, driven the G rocketing car volume at approximately 33 meters from the Jeonjin-gu Seoul District Court and approximately 280km-gun Hongcheon-gun, Gangwon-do without a driver’s license, on January 9, 202.

Summary of Evidence

The fact of No. 1 at the time of sale

1. Defendant's legal statement;

1. The police statement concerning B;

1. Facts set forth in paragraph 2 at the time of making an investigation report (to attach photographs to vehicles of the victim B), investigation report (to listen to DNA telephone statements), investigation report (to listen to E statements and comprehensive opinions);

1. Defendant's legal statement;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to a reporter's black box photograph photographe;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant, who is detained by the victim, makes a false statement to the manager or custodian of the victim, identified the location of the above vehicle and the key thereof, and steals the above vehicle. On the other hand, the Defendant was about 280km.

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