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(영문) 의정부지방법원 2017.09.26 2017고단3235
특수절도등
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

Reasons

Punishment of the crime

1. The Defendants jointly committed the crime, with the persons engaged in food material distribution business, found an apartment that had not been corrected in the E-E apartment complex in Namyang-si, Namyang-si, and Defendant B directly entered the apartment complex and carried goods, and Defendant A conspired to see the network outside of the apartment site.

On June 10, 2017, at around 19:48, the Defendants reported the network at the place of the Defendant A, Defendant B opened a bend door and entered into the bend door, which does not correct the above apartment, and then have a 950,000 won of the market price of the victim G located in the bend in the bend in the bend in the bend in the bend in the bend in the bend in the bend in the bend in the bend in the Si, Namyang-si, Namyang-si, 1,530,000 won of the market price and 300,000 won of the market price and 1,200,000 won of the 3,200,000 won of the market price and 1,300,000 won of the total of 1,300,000 won of the market price and 1,328,000 won of the precious metals.

As a result, the defendants stolen the victim's property together.

2. On June 10, 2017, Defendant A driven a H 2 freezing 2, without obtaining a vehicle driver’s license, from around 180km section from around 180km to around 50km from the 1nd 59-lane, Kuyang-si, Nowon-gu, Seoul, Seoul, to the front road of the F apartment in Namyang-si.

Summary of Evidence

1. Defendants’ respective legal statements

1. Written statements and field photographs;

1. An investigation report (an investigation of a motor vehicle booms around the scene);

1. Application of the police seizure protocol and the statutes on the list of seizure;

1. Defendant A of the pertinent legal provisions pertaining to criminal facts: Article 331(2)1 of the Criminal Act (special larceny points), Articles 152 Subparag. 1 and 43 of the Road Traffic Act (non-licensed driving points, imprisonment selection) Defendant B: Article 331(2)1 of the Criminal Act;

1. Defendant B who has aggravated concurrent crimes: the former part of Article 37 of the Act, Article 38 (1) 2 and Article 50 of the Act;

1. Small-scale mitigated Defendants: Articles 53 and 55(1)3 of the Criminal Act (the fact that the Defendants agreed with the victim).

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