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(영문) 대전지방법원 2017.07.05 2015고단2474
특수절도등
Text

A defendant shall be punished by imprisonment for six months.

Among the facts charged in the instant case, special larceny, which is the primary charge against C.

Reasons

Punishment of the crime

1. On March 16, 2015, at around 22:20 on March 16, 2015, the Defendant discovered that the wing wing wing was set up in front of the city in which the victim F was the victim F in front of Busan, Busan, and D was a key to the Defendant in advance, and the Defendant was driving the wing wing wing wing wing wing, using the said key.

Accordingly, the defendant stolen the victim's erroneous land owned by the victim together with D.

2. On March 16, 2015, the Defendant driven a G wing 250cc wing 250cc wing with no driver’s license from around 20k section to around 22:20cc wing 250cc wing, without a driver’s license, on the part of around 20k.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

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

1. Seizure records, etc.;

1. Application of each statute on photographs;

1. Relevant legal provisions of the Criminal Act and Articles 331(2) and 331(1) (special larceny points) of the Criminal Act concerning facts constituting an offense, and Articles 152 subparag. 1 and 43 of the Road Traffic Act (non-licensed driving points, and choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments for two crimes);

1. In light of the fact that the instant crime was committed during the suspension period of execution for the same kind of crime as the sentencing of Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount of punishment, and that the instant crime was committed without attendance on the date of sentence, a sentence of sentence is inevitable.

However, considering the favorable circumstances, such as the fact that the damaged goods have been returned to the victim, the punishment shall be determined as ordered in consideration of the age, sexual behavior, environment, etc. of the defendant, and the sentencing conditions as shown in the argument of this case shall be determined as ordered.

The acquittal portion

1. Summary of the facts charged (2015 highest 3133);

A. The primary Defendant, together with H, I, J, K, and L, was aware of the facts charged.

C When it was reduced to the detention center in Busan, H knows the password of the house entrance of H.

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