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(영문) 서울동부지방법원 2014.07.11 2014고합40 (1)
특수절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 1, 2012, the Defendant was sentenced to two years of suspension of the execution of ten months of perjury in the Seo-gu District Court Branch of the Daegu District Court on perjury, and the judgment became final and conclusive on June 9, 2012.

B (Separate Declaration on April 11, 2014) knew on February 28, 2013 that the victim D, who became aware of through E through E, had a vehicle heat of FM7 car acquired and operated under the name of her mother, and used it to take the house at C, and suggested the Defendant and G to take money for sale, and the Defendant and G accepted this.

B, around 00:20 on March 1, 2013, the victim called the victim and returned the victim to the H parking lot in the Nowon-gu Seoul Special Metropolitan City, Seocheon-gu, Seoul Special Metropolitan City, and then confirmed that the victim parked the above SM7 vehicle in the I underground parking lot in the Seocheon-gu, Seoul Special Metropolitan City, the victim was parked in the IS7 vehicle, and the defendant was not a proxy driver whose name is unknown. B provided the vehicle heat of the above SM7 vehicle in the above SM7 vehicle to the above substitute driver, thereby allowing the substitute driver to drive the above SM7 vehicle on behalf of the above SM7 vehicle until the diving.

The Defendant, together with B and G, stolen the said SM7 car in an amount of KRW 17.5 million at the market price.

Summary of Evidence

1. Each legal statement of the defendant and co-defendant B before separation;

1. A protocol of suspect examination of G police officers;

1. Each police statement made to D or C;

1. Protocol of seizure as of April 1, 2013 - Inventory of seizure, and photograph of seized articles;

1. Investigation report, investigation report (in relation to the victim's other investigation), vehicle register and stolen vehicle number), chassis, mandatory insurance bureau, discovery report (in relation to the damaged vehicle register and the stolen vehicle number);

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of a copy of judgment) and the application of statutes;

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

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

1. The range of recommendations according to the sentencing criteria shall be recommended;

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