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(영문) 서울중앙지방법원 2016.02.12 2015고단8332
특수절도
Text

Defendants shall be punished by imprisonment for four months.

However, from the day this judgment became final and conclusive, the Defendants are above one year each.

Reasons

Punishment of the crime

1. On November 22, 2015, the Defendants were accompanied by the victim D, who was parked in front of the taxi stop in Seocho-gu Seoul Metropolitan Government, Seocho-gu, Seocho-gu, Seoul, at around 04:02, discovered that the victim D was suffering from the Y5 si-dong, which was driven by the victim EK5 si-dong, which was driven by the victim, and the said victim stolen the said cab by driving the said cab between the Ka-dong and the Ka-dong.

2. On November 22, 2015, Defendant B’s violation of the Road Traffic Act (unlicensed Driving) driving on November 22, 2015, Defendant B driven the said K5 taxi without a vehicle driver’s license from around 4km to around 100-8, Seocho-gu, Seoul, Seocho-gu, 1306-1 Gangnam-gu, Seocho-gu, Seoul.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. The driver's license ledger;

1. Investigation report (the recovery of stolen taxis, transfer of victims, confirmation of taxi booms, and tracking of suspect escape) / [In accordance with the above evidence, the defendants neglected another person's taxi without permission and escaped after driving about about 4 km, and it is recognized that the defendants stolen another person's property with the intention of illegal acquisition];

Application of Statutes

1. Defendant A of the pertinent legal provision pertaining to the crime: Article 331(2) and Article 331(1) B of the Criminal Act: Article 331(2) and Article 331(1) of the Criminal Act (joint larceny) and Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (Unlicensed Driving, Unlicensed Driving, and Selection of Imprisonment);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of punishment recommended according to sentencing guidelines] - Two types of larceny in general property (general larceny) from April to October (decision of sentence] - the defendants jointly commit the instant crime and the liability for the instant crime is not easy.

However, the defendants are able to repent their mistakes.

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