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(영문) 서울북부지방법원 2013.06.27 2013고단1058
절도
Text

A defendant shall be punished by imprisonment for six months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On March 31, 2013, at around 02:16, the Defendant reported the victim E-witter C’s selective vehicle parked on the front road of Jung-gu Seoul Metropolitan Government, and operated the above vehicle at a auxiliary key which was kept in possession of the front assistant, with a 16 million won vehicle’s market price being at least 170,000,000 won, and operated the above vehicle at a auxiliary key, with a single vehicle’s market price of which is at least 16,000,000 won, and one mobile vehicle’s market price of which is at least 2.62,00,000 won, and one mobile machine’s market price of which is at least 4,00,000 won, 362,00,000 won, 50,000,000 won, 160,000,000 won, 16,016,01,000,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to investigation reports (amount of damage caused by stolen selective ships and goods and confirmation of damaged items);

1. Article 329 of the Criminal Act applicable to the crimes;

1. Articles 32(1)3 and 32(2) and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of Application for Compensation (the scope of liability for compensation is unclear and thus it is not reasonable to issue an order for compensation in the criminal procedure) are contrary to the reasoning of sentencing. Although the damaged vehicle was returned to the injured party, the articles and selective distribution products in that vehicle were not restored, and the act of theft with driving another person's vehicle was not restored, the nature of the crime is not good, and the punishment is determined as ordered in consideration of the following circumstances: the defendant's age, character and conduct, family environment, etc.

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