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(영문) 인천지방법원 2016.05.26 2016고단317
특수절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2016 Highest 317"

1. On April 2015, the Defendant: (a) discovered one of the three victim D’s market prices, which was parked in the area near the territory of the Nam-gu Incheon Metropolitan City, and (b) had been driven by the Defendant 1,100,000 won, for the purpose of finding one of the two owners of the victim D, who was parked therein; and (c) viewed C’s net.

Accordingly, the defendant stolen the victim's property together with C.

2. Around July 2015, the Defendant embezzled a number plate of “F” owned by the victim E in front of e Eart in the Dong-gu Incheon Dong-dong, Incheon, without following necessary procedures, such as returning the number plate to the victim, even though he/she acquired one.

C(16) which is a juvenile who did not obtain a driver's license for a motor vehicle of 2016 group 1622, requested the defendant to siren to drive a motor vehicle, and the defendant thought C to have a vehicle siren.

Accordingly, around February 8, 2016, the Defendant: (a) in the (ju) G Apartk Port, located in Bupyeong-gu Incheon Metropolitan City, and transferred it to C; and (b) around February 9, 2016, C driven the said vehicle without obtaining a driver’s license from the front of the department store to the front road of the traffic distance in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon. In addition, C driven the said vehicle without obtaining a driver’s license from around 5 km section from the front of the department store to the front road of the traffic distance in the Nam-gu, Incheon.

As such, the Defendant assisted C to drive without obtaining a driver’s license.

Summary of Evidence

1. The defendant's statement at court (2016 highest 317);

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police against D;

1. "Protocol of seizure (voluntary submission), list of seizure, theft, dives and number plates, 162";

1. A protocol concerning the interrogation of suspect C by the police;

1. Application of Acts and subordinate statutes to the driver's license ledger and vehicle rental contract;

1. Criminal facts;

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