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Reasons
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(영문) 의정부지방법원 2015.01.30 2014고단3310
특수절도등
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A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. On June 15, 2014, at around 01:30 on June 15, 2014, Defendants A, in collaboration with C, discovered one unit of non-registered CA 110E, which is equivalent to KRW 1,200,00, which was owned by the victim E, and was installed by the victim E, before the entrance stairs of the D building located in Macheon-si, at the same time, C, reported the network to the other person, and Defendant A forced to open a kib, thereby going through the starting of Maba by force, and Defendant C, who was on the back seat of Maba, went to drive the Maba in the front seat.

Accordingly, the defendant A stolen the victim's property together with C.

2. The sole criminal conduct of Defendant A;

A. On June 15, 2014, around 01:30, the Defendant driven a non-registered CA110E drive without obtaining a driver’s license from approximately five kilometers from the road located in Macheon-si to the road located in Macheon-si, Gocheon-si, Gocheon-si (269) to the front day of 269.

B. Around June 16, 2014, the CA110E was driving across approximately 2.5 km from the road front of 269 Sincheon-si, Sincheon-si, to the road front of Sincheon-si, Seocheon-si, Gocheon-si, without obtaining a motorcycle driver’s license.

C. Around June 17, 2014, CA110E was driving from the road front of 269 Sincheon-si, Sincheon-si, to the road front of Sincheon-si, Sincheon-si, without obtaining a motorcycle driver’s license from approximately 2.5 km section to the road front of Sincheon-si, Sincheon-si.

Summary of Evidence

1. Defendant A’s legal statement

1. Police suspect interrogation protocol regarding C;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Relevant provisions of the Criminal Act, Article 331 (2) and (1) of the Criminal Act (the occupation of special larceny) concerning facts constituting an offense, and Articles 154 subparagraph 2 and 43 of the Road Traffic Act (the occupation of driving a motorcycle without obtaining a license or a fine) of the same Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.

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