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(영문) 울산지방법원 2015.11.13 2014고단3313
특수절도등
Text

A defendant shall be punished by imprisonment for a term of six months and a fine of two hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Special larceny;

A. The Defendant, along with B, C, and D, went to Daegu to talk friendly E, and when friendly B, C, and C lack of money, sentenced the Defendant to steals money.

On April 14, 2012, at around 03:00, the Defendant came to a H restaurant operated by the Victim G in the Daegu Suwon-gu F, Daegu-gu, and C opened a door after opening the open window of the building. The Defendant reported the network, and B and D entered the door through an open entrance, with one safe and Obaba in which cash and credit card are contained.

As a result, the Defendant, together with B, C, and D, stolen one of the safes containing 1,100,000 won in the market value owned by the victim, in cash, 15,000 won, and 1 Samsung Card.

B. At around 01:00 on April 18, 2012, the Defendant opened a cafeteria with the middle of the mutual middle of “L” operated by the victim K in Yangsan-siJ, Yangsan-si, and opened a cafeteria with the unrecepted glass door, and the Defendant led one of the victim’s storage, and the Defendant opened the cafeteria door when D leads the network out of the west.

As a result, the defendant stolen the victim's management together with D.

2. Around 03:00 on April 14, 2012, the Defendant driven the 49CC cata without obtaining a motor device driver’s license in the street near the Daegu sidong-gu.

Summary of Evidence

1. A protocol concerning the examination of suspect of the defendant, D, B, or C;

1. Protocol of the police statement concerning G;

1. Written statements of M and K;

1. Police seizure records;

1. Records of disqualified driver's license;

1. Reports on occurrence of a disaster, each photograph;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant legal provisions concerning facts constituting an offense, Article 331(2) and (1) of the Criminal Act (the point of special larceny), subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act (the point of driving a motorcycle without obtaining a license or a fine) of the same Act;

1. The Criminal Act among concurrent crimes.

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