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(영문) 대구지방법원 2016.06.23 2016고단1480
특수절도
Text

Defendants shall be punished by imprisonment for up to eight months.

However, from the date of the conclusion of the judgment, the Defendants are above two years from the date of the judgment.

Reasons

Punishment of the crime

Defendant

A and B demanded living expenses, etc. while in flight without any occupation, Defendant A’s friendly job-friendly victim D, and the E-rayed vehicle owned by Defendant A was operated without the registration of transfer in normal names. Since the above weak point is as seen above, the injured party thought that the vehicle could not be reported even if the vehicle was stolen, and suggested Defendant C, whose status is known, to steal the vehicle of the injured party, who stolen the vehicle, and who is likely to be his status, proposed that the vehicle of the injured party be stolen. Defendant C accepted it and moved the vehicle to F along with Defendant A and B.

1. On January 27, 2016, at the Defendant’s residence located in Daegu-gu G Building 302 around 03:52, the Defendants’ special theft Defendants: (a) stolen the Defendant A and B’s smart key from the victim’s potential crepit; (b) used crepits; (c) used Defendant C, waiting in the said G building parking lot, used the said smart key to the victim’s smart key; and (d) Defendant C and F used the said smart key with the victim’s market value of KRW 4.1 million in the said G building parking lot, driving the said Orus vehicle into the two park parking lots located in the Seogu-gu, Daegu-gu, Seoul-gu, in a way that the victim’s market value at KRW 4.1 million was stolen.

2. Defendant C’s violation of the Road Traffic Act (unlicensed Driving) driving on January 27, 2016, without obtaining a driver’s license on around 03:52 on January 27, 2016, Defendant C driven the said Epir vehicle within approximately three kilometers from the Do in front of the Daegu-gu G building to the two-class park parking lots located in the two-class roads located in the Seogu-gu, Daegu-gu.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the interrogation of suspect with respect to F;

1. Each police statement made with H and D;

1. Application of Acts and subordinate statutes to report internal accidents (referring to the analysis of CCTVs in buildings and the recovery of stolen vehicles);

1. The relevant Article of the Criminal Act and the defendant A. of the choice of punishment.

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