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(영문) 서울중앙지방법원 2013.11.08 2013고단5910
특수절도등
Text

Defendant

A shall be punished by imprisonment for six months and by a fine for 300,000 won, and by imprisonment for six months, respectively.

Defendant

A above.

Reasons

Punishment of the crime

1. Defendants’ co-principal - Special thief

A. At around 02:00 on June 01, 201, the Defendants discovered that the victim D’s market value at the front of Seongbuk-gu Seoul, Seongbuk-gu, Seoul is parked in E business straw 125cc wave, the victim D’s market value of which is equivalent to 2.5 million won, and Defendant A reported the network, and Defendant B her reported the network, and Defendant B her her her her frib by using the one-time care kid, which was prepared in advance, cut off.

B. At around 04:00 on June 19, 2013, the Defendants discovered that the victim’s G was parked in the Hz straw 125cc examination color, the market price of the victim’s G on the street in front of the Seongbuk-gu Seoul, Seongbuk-gu, Seoul, at KRW 2.5 million, and stolen the aforementioned methods.

C. On June 21, 2013, at around 03:00, the Defendants discovered that the victim J was parked in K Switzerland 125cc white c. at the victim J’s market value at around 03:50,000,000, and cut off together with the aforementioned methods.

Accordingly, the Defendants, together, stolen the total amount of 7.5 million won in the market price of the three Obama over three times.

2. Defendant A’s sole criminal conduct - The violation of the Road Traffic Act (free license) shall apply to the Defendant from around 22:00 on June 1, 2013.

7. From 00:30 to 00:30, he/she driven the above E-mail without obtaining a motorcycle driver's license in the front-dong and the Jung-gu Middle-dong of Seongbuk-gu Seoul.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning G;

1. Written statements of D;

1. A report on vehicle theft;

1. Application of Acts and subordinate statutes to each protocol of seizure, each list of seizure, and the list of seized articles and guns;

1. Relevant provisions of the Criminal Act and subparagraph A of the option of punishment for the crime: Article 331(2) and (1) of the Criminal Act (the point of special larceny), Article 154 Subparag. 2 and Article 43 of the Road Traffic Act (the point of driving without a license and the selection of fines): Article 331(2) and (1) of the Criminal Act (the point of special larceny);

1. Defendant A from among concurrent crimes: the former part of Article 37, Article 38(1)2 and 3, and Article 50 of the Criminal Act

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