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(영문) 서울남부지방법원 2013.07.04 2013고단313
특수절도
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On April 8, 2010, the Defendant was sentenced to four years of imprisonment by the Seoul High Court for violating the Act on the Punishment of Sexual Crimes and Protection of Victims, etc.

6.24. The above judgment became final and conclusive.

【Criminal Facts】

At around 01:00 on February 21, 2008, the Defendant: (a) reported the network outside the above C at a F cafeteria operated by the D victim E in Ansan-si, Ansan-si; and (b) the Defendant, with the key of the G Gabur-pur vehicle owned by the victim in the above cafeteria, was stolen by driving the said car parked in the parking lot.

Summary of Evidence

1. A witness C and E’s legal statement;

1. Examination protocol of the accused by the prosecution (including the statement section ofC);

1. Statement of witness of the police against the defendant;

1. The defendant's assertion on the request for confirmation of whether the case related to the DNA manager is dealt with, despite the fact that C, who is the same student of this service, was aware of the fact that C had stolen the vehicle and instructed it to the stolen vehicle, but there was no theft of the vehicle together with C. However, the following circumstances revealed in the evidence duly adopted and investigated by this court, i.e., C consistently corresponds to the facts charged from the investigative agency to the court. (ii) On the other hand, the defendant made the first police statement to the effect that "I have met only the Incheon on the day of the case, and the loan did not have any factual difference in the loan," and he was given the statement of C to the effect that "The defendant was found to have boarded Otoba at the time" in the process of the mass investigation, and the statement of C was made to the effect that "I have borrowed Otoba at the time of the subsequent loan from H and returned to Incheon on the Obaba," and that the change of the defendant's statement was inconsistent.

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