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(영문) 의정부지방법원 고양지원 2015.06.02 2015고단797
특수절도등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Of the facts charged in the instant case, the violation of the Automobile Management Act on July 4, 2014.

Reasons

Criminal facts

1. At around 02:50 on February 12, 2015, the Defendant: (a) loaded 49 margs equivalent to KRW 2,450,000 at the victim D’s market price on the E-bridged L, and stolen it on February 12, 2015.

2. No driver of any motor vehicle violating the Automobile Management Act shall cover a registration number plate nor make it illegible, and such motor vehicle shall not be operated;

Nevertheless, at the time and place specified in Paragraph 1, the Defendant operated the number plate in front and rear of the E-witter cargo vehicle in a dial tool.

Summary of Evidence

1. Written statements of D;

1. Report on internal investigation (verification of the face of the crime of nearby CCTV);

1. Each investigation report (the analysis of surrounding CCTVs, street plateing, etc., the specification of a vehicle based on the characteristics of a suspected vehicle, movement around the suspect's residence before and after committing the crime, and photograph of the hack column);

1. Confirmation of prices of damaged goods;

1. On-site photographs;

1. Application of Acts and subordinate statutes as a result of the CD reproduction;

1. Relevant legal provisions concerning facts constituting an offense, Article 329 of the Criminal Act that selects punishment, Articles 81, 1-1, 81-2, and 10 (5) of the Automobile Management Act, and choice of imprisonment with prison labor;

1. From among concurrent crimes, the above evidence duly examined and adopted by this court as to the defendant and his defense counsel's assertion under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act, and the following circumstances, namely, ① The clothes of the defendant at the time when it comes to the defendant's dwelling, which can be confirmed through the result of theCCTV reproduction, and the characteristics of the defendant's motor vehicle, correspond to both the characteristics of the clothes of the thief's suspect's clothes and the motor vehicles used at the site of the thief's vehicle, ② the period from the dwelling to the scene of the thief's crime, the distance from the dwelling of the defendant's dwelling to the scene of the thief's crime, and the view of the thie

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