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(영문) 대전지방법원 2014.08.29 2014고단1932
특수절도
Text

Defendants shall be punished by imprisonment for eight months.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On March 1, 2013, at around 03:00, Defendants A discovered that the driver’s seat door of the ES5 vehicle owned by the victim D, parked in the middle-gu roof-dong, Jung-gu, Daejeon, and opened the door and opened the door into the vehicle, and found the vehicle heat of the eM5 vehicle loaded in the seat of the vehicle, and found the vehicle at the seat of the friendly Defendant B at the seat of the friendly Defendant B, thereby cutting down the vehicle’s key. Defendant B consented to this, and then Defendant B carried the vehicle at the seat of the dong and driven the said vehicle.

As a result, the Defendants committed a theft of the above-mentioned vehicle equivalent to the market price of 4.3 million won.

2. Defendant B, without a driver’s license at the time of the above day, driven the above EM5 vehicle from the above place to the vicinity of the coefficient pharmacy in Daejeon Jung-gu.

Summary of Evidence

1. Defendants’ legal statement

1. Protocol concerning the examination of suspect concerning F by the prosecution;

1. Statement of D police statement;

1. Reporting on suspect G interview (to hear the contents of the statement);

1. Application of Acts and subordinate statutes on driving licenses;

1. Defendants of pertinent legal provisions concerning criminal facts: Article 331(2) and Article 331(1) B of the Criminal Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Articles 43 of the same Act;

1. Aggravation of concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 (within the scope of the sum of the long-term punishments of the above two crimes) of the Criminal Act of Defendant B;

1. Discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act of the Defendants;

1. Suspension of execution: Article 62 (1) of the Criminal Act of the Defendants, Article 60 (3) of the Juvenile Act (Consideration, agreement, scale of damage, etc.);

1. Probation under Article 62-2 of the Criminal Act;

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