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(영문) 부산지방법원 2014.05.15 2014고단2738
특수절도교사등
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Around 22:00 on January 21, 2014, the Defendant: (a) kept one set of ENAS-cuba car at the 147-9 parking lot located in the Gangseo-gu Busan Metropolitan City, Seo-gu, Busan, at the request of the victim D, who stolen it, and received a request from C to keep the same at the ENAS-cuba car in an amount equivalent to KRW 14 million at the market price owned by the victim D; and (b) was aware that it is stolen until March 24, 2014.

2. On January 10, 2014, the Defendant: (a) around 21:15, 2014, the thief and the Defendant of a special larceny: (b) told C to the effect that “A” provided a points card with which oil is put in a gas station and the principal source does not settle the payment at the gas station; and (c) attempted C to commit a thief.

Therefore, at around 21:45 on January 10, 2014, the Defendant had C with gasoline equivalent to 35,000 won at the market price owned by the victim H in the International Oil station located in Busan Seo-gu G.

Accordingly, the defendant instigated the above C to steal the victim's property.

The Defendant, including that, from the early December 2013 to January 24, 2014, instigated C and J to steal a total of KRW 1,430,00 in the same manner eight times in total, as indicated in the crime sight table.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against J, C, or K;

1. A protocol concerning the suspect examination of the accused;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Relevant Articles 331(2) and (1), 329, and 31(1) of the Criminal Act (the occupation of a thief and a special thief) concerning criminal facts, Article 362(1) of the Criminal Act (the occupation of a stolen and a special thief), and the choice of imprisonment with prison labor;

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

1. The punishment of discretionary mitigation is set aside in Article 53 and Article 55(1)3 of the Criminal Act.

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