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(영문) 울산지방법원 2016.07.12 2016고단1492
절도
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

The Defendant, while harming and securing a loan, attached a location tracking device to the B low-speed car and sold it to other persons, and was willing to steal the said car by using the key of the part in possession after identifying the location of the said car through the location tracking device.

On October 4, 2015, the Defendant sold the said car to the victim C at the front of each terminal located in the speech-gu, Ulsan-gun, Ulsan-gun, Ulsan-do, and then consigned the vehicle at the request of the Defendant before he sold the said car to the victim C at least three million won.

D will bring about KRW 500,000 to D, which caused the above car to be asked, and D accepted that the defendant knew that he would steal the above car.

D On October 5, 2015, around 02:00, according to the direction of the defendant, the above passenger car was driven by the defendant's communication that the above passenger car was located in a lux building in Incheon Jung-gu, Jung-gu, Incheon, and the underground parking lot was set up by using the key of the above passenger car that the defendant was parked in by using the key of the part of the above car that he received from the defendant, and it was put to the person who was not requested by the defendant at the place designated by the defendant.

As such, the Defendant instigated D who did not know of the theft, and stolen the said car.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police against C;

1. Reports on each occurrence of a crime and reports on investigation;

1. Application of each statute on photographs;

1. Article 329 and Article 34 (1) of the Criminal Act applicable to the facts constituting an offense (or choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommending punishment / [the scope of recommending punishment ] mitigated area (4 months to 10 months) of the mitigated area (4 months to 10 months), [the person who is subject to special mitigation] [the decision of sentence ] Defendant’s prior installation of location tracking device to sell a vehicle and then steals it again, etc.

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