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(영문) 수원지방법원 2012.12.31 2012고단4918
절도
Text

The prosecution of this case is dismissed.

Reasons

1. On September 30, 2012, the Defendant: (a) around 09:00 on September 30, 2012, the summary of the facts charged: (b) used the gap in the victim D’s dwelling within the 1115 dwelling area of the 1115-gu Gyeonggi-gu Seoul Building C; (c) used the gap in which the victim locked and moved to the underground parking lot; and (d) used the vehicle to drive the epic G35 car at the market price of the victim owned by the parked vehicle, which is worth KRW 23 million.

2. The facts charged in the instant case are crimes falling under Article 329 of the Criminal Act, which are subject to prosecution subject to prosecution where a victim’s relationship exists between the victim and the offender under Article 328(2) of the Criminal Act which is applicable mutatis mutandis under Article 344 of the Criminal Act.

According to the records of this case, the defendant and the victim D are related to the six degree of relationship.

On December 5, 2012, the above victim testified that he does not want punishment of the defendant, and thus, it is reasonable to deem that the complaint was revoked. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.

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