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(영문) 인천지방법원 2016.02.04 2015고단2940
특수절도
Text

Defendant

B shall be punished by a fine of KRW 1,000,000.

Defendant

B If the above fine is not paid, 100,000 won.

Reasons

Punishment of the crime

The defendant and A are in Korea and each department, and the victim E are the relationship that the defendant and A become aware of the implementation of civil engineering works with the construction executor.

On December 2, 2013, at the early 08:00, at the Ftel underground parking lot of Gwanak-gu, Seoul Special Metropolitan City around 08:00, the Defendant turned on the starting of coos car (the possession by the injured party at the time of possession of the name unclaimed box) in H equivalent to KRW 20,000,00, the market price of G, which is an employee of the victim’s company, and carried on the vehicle from G, with the vehicle’s key received from G, while driving the vehicle.

Accordingly, the defendant stolen the above car owned by others.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness G;

1. Application of the Acts and subordinate statutes of the police statement protocol to G;

1. Article 329 of the Criminal Act concerning the crime;

1. Selection of a selective fine for punishment (the developments leading to this case, the relationship between the defendant and the victim, the victim has filed a criminal complaint only A with the aim of favorable utilization in his/her criminal case, and the fact that there is no record of the crime except once a fine for violating the Establishment of Local Reserve Forces Act has been imposed);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. The summary of the facts charged is the relationship between South and North, and the victim E is the relationship that the Defendants and the construction executor become aware of due to the implementation of civil engineering works.

A. At the beginning of December 2013, the Defendants: (a) around 08:00 on the first half of December 2013, at the Ftel underground parking lot of Gwanak-gu, Seoul Special Metropolitan City, the victim’s company employees, G, who were waiting to steals the said car at H with a view to stealinging the car at the victim’s market value of KRW 20 million; (b) Defendant A prevents the victim’s company from driving along the said car; and (c) Defendant B, who carried out his own possession on the between roads, must take the front of the said car.

The key of the vehicle is taken from G, and the vehicle is sitting at the driver's seat of the vehicle.

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