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(영문) 대전지방법원 2017.02.03 2016고단1817
특수절도등
Text

Defendant

A shall be punished by imprisonment with prison labor for three months and by imprisonment for six months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

Defendant

A was sentenced to ten months of imprisonment with prison labor for special larceny in the Daejeon District Court on April 7, 2016, and the judgment became final and conclusive on April 15, 2016.

1. Joint crimes committed by the Defendants

A. Special larceny Defendants: (a) around January 10, 2015, around Seo-gu, Daejeon apartment commercial building parking lot; (b) Defendant B reported the network; and (c) Defendant A entered the victim E’s F car parking lot parked in that place; and (d) Defendant A stolen the victim’s property by bringing up one verification color equivalent to KRW 700,000,000 in the market price owned by the victim; and (c) one electronic tobacco equivalent to KRW 160,000 in the market price.

B. The Defendants illegally using a vehicle are recruited to see the said victim’s car at will at the time set forth in the paragraph (a). Defendant A is driving the said car, and Defendant B was driving the said car, and Defendant B returned to the same Dong-dong, Dong-dong, Seo-gu, Daejeon, Seo-gu, Daejeon, for a temporary use of the said vehicle without the consent of the victim.

2. Defendant A’s violation of the Road Traffic Act (unlicensed Driving) driving on January 2, 198 at the time and place specified in paragraph (1) b, without a driver’s license, Defendant A driven a Fpool car at approximately 5 km section as stated in paragraph (b).

Summary of Evidence

1. Defendants’ respective legal statements

1. Entry of the E-document;

1. Abstract of each case's summary information;

1. Application of each statute to the Daejeon District Court’s 2015 High Court’s 3143 High Court’s 2015 High Court’s 2015 High Court’s 3950 High Court’s 2015 High Court’s 2015 High Court’s 3772, 2016 No. 323 (Consolidation)

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 331(2) and (1) of the Criminal Act, Article 331-2 and Article 30 of the Criminal Act (illegal Use of Motor Vehicles, Selection of Imprisonment), Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (Unlicensed Driving, Selection of Imprisonment);

B. Defendant B: Article 331(2) and (1) of the Criminal Act (the occupation of special larceny), Articles 331-2 and 30 of the Criminal Act (the illegal use of a motor vehicle and the choice of imprisonment)

1. Defendant A who handles concurrent crimes: Article 37 of the Criminal Act.

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