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(영문) 대전지방법원 2015.08.05 2015고단1212 (1)
특수절도등
Text

A defendant shall be punished by imprisonment for one year.

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

1. From February 10, 2015 to February 10, 2015, the Defendant, from around 04:15, 04:00 to around 04:25, the Defendant discovered unregistered lebane (49C, Skis, spablings) (i.e., red) (i., red) (i.e., the Victim G installed and installed in front of the Fmat in Daejeon Dong-gu, Daejeon, and (ii) the Defendant and C reported the network, and (ii) driving in a way that they walked the Dong by driving a dong using a lebro (one son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s own market value.

The Defendant, together with C and D, stolen or attempted the victims' property, such as the list of crimes in attached Form C and D, six times the same day.

2. On February 10, 2015, around 04:18, the Defendant: (a) received a request from 1.5 million won (REV, 125C, Y) of the market value of H owned by the victim who stolen him from Fmat in front of the Fmat in Daejeon Dong-gu, Daejeon, and kept the stolen goods by keeping them from around March 6, 2015 to 09:00 on March 6, 2015.

Summary of Evidence

[Fact 1]

1. Defendant's legal statement;

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

1. Each statement of G, L, M, and N;

1. Reports on occurrence of each crime, investigation reports, reports on the occurrence of stolen soil and sand, and reports on the detection of stolen vehicles;

1. Each CCTV photograph, etc. (the fact of Article 2 in the market);

1. Defendant's legal statement;

1. Police suspect interrogation protocol against J;

1. A statement of H and a report on vehicle theft of H;

1. A certificate of report on use of two-wheeled automobiles;

1. Seizure records, etc.;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, and Articles 331(2) and (1) of the Criminal Act (the occupation of special larceny), 342, 331(2) and (1) (the occupation of attempted special larceny) of the Criminal Act, and Article 362(1) of the Criminal Act concerning the choice of punishment (the occupation of custody of stolen property and the choice of imprisonment);

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

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