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(영문) 대전지방법원 2018.08.10 2017고합328
자동차불법사용등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. On June 8, 2017, the Defendant found the victim’s E1 ton cargo vehicle owned by the victim and parked without correcting the vehicle door at the Geumsan-gun, Chungcheongnam-gun, Chungcheongnamnam-gun, Chungcheongnam-do, where the vehicle door is not corrected, and the key is sticked, and operated approximately five meters of the above cargo vehicle and used the victim’s vehicle temporarily without the victim’s consent.

2. At the time, at the time, at the place specified in Paragraph 1, the Defendant: (a) shocked trees from 1 ton of the E 1 ton cargo vehicles owned by the victim D while driving; and (b) caused the cargo vehicle to be out of the dry field where it was located; (c) caused the cargo vehicle to be out of the dry field; and (d) caused the cargo vehicle to be out of the dry field, the cargo vehicle was destroyed by fire at the market price of 2 million won by attaching the cargo vehicle in advance, which was possessed on the wall inside the cargo vehicle, to the entire part of the non-breadth vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the suspect of the defendant to the prosecution on September 26, 2017;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes to a report on internal investigation (Attachment of photographs), report on internal investigation (Attachment of a suspect's new photograph), report on internal investigation (Attachment of field photo), report on internal investigation (specific photograph of the suspect's dong line and fire time), report on internal investigation (Attachment of photograph of Rata, mother and shot, etc.), investigation report (verification of the initial state), and report on investigation (a reply to the appraisal of vehicles between the State and the competent police);

1. Relevant Article 331-2 (Unlawful Use of Motor Vehicles, Selection of Imprisonment) of the Criminal Act and Article 166 (1) of the Criminal Act concerning facts constituting an offense (the point of fire prevention of ordinary motor vehicles);

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the extent that the sum of the long-term punishments of the above two crimes prescribed in the general motor vehicle fire prevention crime, of which punishment is heavier);

1. Determination as to the Defendant and the defense counsel’s assertion under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

1. The gist of the assertion is that the accused has attempted to drive the cargo onto the cargo vehicle of the victimized person, or has no fire in such vehicle.

2.

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