2013 Highest 5814, 6654, 8744 (Joints)

(a) Special larceny;

(b) Larceny;

(c) Violation of the Road Traffic Act;

(d) Magion;

A person shall be appointed.

of this title (prosecutions), the United States of America (Public Trial)

Attorney B (Korean National Assembly)

March 17, 2014

A defendant shall be punished by imprisonment with prison labor for one month.

Special larceny, each larceny, and each violation of the Road Traffic Act (Non-licensed Driving) among the facts charged in the instant case are not guilty.

The summary of the judgment of innocence shall be disclosed.

Criminal facts

【Criminal Power】

On May 16, 2013, the Defendant was sentenced to imprisonment with prison labor for a maximum of two years and six months, and a short of two years on August 23, 2013 at Busan High Court.

[Criminal Facts]

On December 15, 2011: around 45, the Defendant discovered the victim D (the age of 17) around the village bus stops located in Gyeongnam-gun, Gyeongnam-gun, from around 17, 201, that she was getting out of and getting out of the victim D (the age of 17) YF 125cc c, without this number, suspended the victim, and then the victim "whether the victim was stolen or stolen, not the victim's body, or the body of the remains in the juvenile reformatory."

The Defendant, as such, threatened the victim, received 70,000,000 won large VF 125,000, the market price of which is the victim's possession from the fluore victim, and fluored the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement against the defendant;

1. Statement of each police statement of the defendant and E;

1. Statement of each police statement regarding D;

1. Previous convictions in judgment: Criminal records and investigation reports (the confirmation date, etc. of the final judgment);

Application of Statutes

1. Article applicable to criminal facts;

Article 350(1) of the Criminal Act (Selection of Imprisonment)

1. Handling concurrent crimes;

The latter part of Article 37 and Article 39(1) of the Criminal Act

Parts of innocence

1. Summary of the facts charged

A. Summary of the facts charged in the instant case (1) Special larceny

피고인은 F와 합동하여 2011. 8. 15. 19 : 59경 부산 북구 G에 있는 H중학교 인근 노상에서, 피고인이 오토바이를 운전하고 F는 그 뒤에 탑승하여 범행대상을 물색하던 중 피해자 이 가방을 들고 길을 가고 있는 것을 발견하고 위 피해자의 뒤쪽으로 다가가 F가 위 가방을 낚아챈 뒤 피고인이 오토바이를 운전하여 도주하는 방법으로 위 피해자 소유인 시가 75만 원 상당의 금팔지 1개, 현금 60만 원, 현금카드, 주민등록증 등이 들어 있는 위 가방을 절취하였다 .

(2) Larceny against the victim J

피고인은 2011. 7. 31. 17 : 34경 부산 북구 K에 있는 L식당 앞 노상에서, 오토바이를 운전하여 범행대상을 물색하던 중 피해자 J이 가방을 들고 길을 가고 있는 것을 발견하고 위 피해자의 뒤쪽으로 다가가 위 가방을 낚아챈 뒤 오토바이를 운전하여 도주하는 방법으로 위 피해자 소유인 현금 30만 원, 현금카드, 통장 등이 들어 있는 시가 135, 000원 상당의 위 가방을 절취하였다 .

(3) On August 3, 2011, the Defendant: around 00, the thief was stolen on the street in front of the Ncafeteria located in the Busan Northern-gu, Busan, by taking advantage of the gaps in which the victim M was under influence of alcohol, with one cellular phone device at the market price of KRW 300,000,000,000, the market price of the above victim’s possession, which was 130,000,000 won. (4) The thief against the victim0

피고인은 2011. 8. 15. 17 : 34경 부산 북구 K에 있는 P시장에서, 오토바이를 운전하여 범행대상을 물색하던 중 피해자 가 가방을 들고 길을 가고 있는 것을 발견하고 위 피해자의 뒤쪽으로 다가가 위 가방을 낚아챈 뒤 오토바이를 운전하여 도주하는 방법으로 위 피해자 소유인 현금 10만 원, 현금카드, 운전면허증 등이 들어 있는 위 가방을 절취하였다 .

B. The theft of a summary of the facts charged in the instant case against the victim Qua (1)

On October 18, 2011: around 55, 201, the Defendant: (a) on the front side of the Busan Eastdong-gu R, Busan, the Defendant: (b) on the 55th day, on the way that Q would walk along the way, and (c) accessed the victim’s back to the above victim’s back, and then, (d) on a cash of KRW 2 million, 400,000,000,000,000,000,000,0000,000,000,000,000

(2) Violation of the Road Traffic Act (Unlicensed Driving) on October 15, 2011

On October 18, 2011: around 55, the Defendant driven the above Obane without obtaining a driver’s license from the front side of the Busan Dong-gu R to the front side of the Busan Dong-dong-gu.

(3) Larceny against victims S

On November 24, 2011: around 10, 201, the Defendant discovered the victim S and accessed the bank in front of the new bank U.S. branch located in Busan, Busan, the Defendant 10,000 won in cash, 20,000 won in the mobile phone market value, and 30,000 won in the city value, one resident registration certificate, one stamp, one credit card of the corporate bank, one credit card of the agricultural credit card of the agricultural bank, one copy of the agricultural credit card of the agricultural bank, and one copy of the agricultural debit card of the agricultural bank located in Busan, and thereby stolen the property owned by the said victim.

(4) Violation of the Road Traffic Act (Unlicensed Driving) on November 24, 2011

On November 24, 2011: around 10, the Defendant driven the above Obane without obtaining a motorcycle driver’s license from the front day of the Ukba Bank to the front day of the Busan (hereinafter referred to as the “Ukba”).

2. Determination

A. The crime of special larceny and each of the larceny in the case of 2013da5814 was committed from August 3, 2011 to August 15, 2011. However, according to the evidence duly adopted in the trial, the Defendant, who was temporarily released from the Busan Juvenile Reformatory on September 30, 2010 and temporarily released from the military court on September 30, 201, and during that period, was not timely.

Therefore, the evidence that the defendant has committed a special larceny and three larceny as stated in the above facts charged is hard to believe, and there is no other evidence to acknowledge it.

B. The crime of larceny in the case of each of the 2013 Godan654 and each of the violation of the Road Traffic Act (unlicensed Driving) was committed from October 15, 2011 to November 24, 2011. However, according to the evidence duly adopted and examined at the trial, the Defendant was under strict control of going out and going out from the Busan Juvenile Self-Support Center from September 30, 201 to December 11, 201, and was under the control of going out and going out from the Busan Youth Self-Support Center from September 30, 2011 to December 11, 201, and was not permitted to go out and go out from the Busan Youth Self-Support Center with the order to go out from the night, and was not permitted to go out from the Busan Youth Self-Support Center from December 12, 2011 to December 14, 2011.

Therefore, the evidence that the defendant, as stated in the above facts charged, has committed two larcenys and two offenses of violation of the Road Traffic Act (unlicensed Driving) on the date of the crime as stated in the above facts charged, is hard to believe, and there is no other evidence to acknowledge it.

3. Conclusion

Therefore, among the facts charged in the instant case, the charges of special larceny, each theft, and each violation of the Road Traffic Act (unlicensed driving) are not proven, and thus, acquitted is declared pursuant to the latter part of Article 325 of the Criminal Procedure Act, and the summary of the judgment of innocence is publicly notified pursuant to Article 58(2) of the Criminal Act. It is so decided as per Disposition

Judges Cho Jong-ho