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(영문) 부산지방법원 동부지원 2018.06.21 2018고단192
특수절도등
Text

[Defendant A] The defendant shall be punished by imprisonment with prison labor for six months and a fine of three hundred thousand won.

The above fine shall not be paid by the defendant.

Reasons

Punishment of the crime

1. On August 24, 2017, Defendant A’s non-licenseed driving without a motor device license, Defendant A driven a low 125cc beam, which does not have a number plateed around 02:00 on August 24, 2017, and continued approximately 350 meters from G located in Busan Jin-gu to the vicinity of the nearby H convenience store.

2. Defendants’ special larceny

A. On August 24, 2017, at around 02:20, the Defendants discovered the amount equivalent to KRW 900,000,000 of the market price of the low-to-be 125c Boba, which had no number plate parked due to a breakdown in the operation of the victim J, and cut off, together with I.D.

B. On August 24, 2017, at around 03:40 on August 24, 2017, the Defendants conspired to steal the victim I’s cell phone, and, on the other hand, the victim was placed in the boom of L State L, Nam-gu, Busan, the Nam-gu, in order to put the bank into the bridge, and went back to the place where the victim was absent from the victim by driving the bridge, and returned to the place where the victim was deprived of the victim’s cell phone again, and did not return to the victim’s Samsung 81 at the balone market price of S85,000 when the victim’s Samsung galthma, which was owned by the victim.

Summary of Evidence

1. The Defendants’ respective legal statements

1. The legal statement of I (the defendant A shall be the defendant A shall be the above two-mentioned person;

A. Although the Defendants did not appear at the scene at the time of committing the act of navigation, according to the I’s statement, the Defendants could sufficiently recognize the fact that the Defendants moved the Oral Ba, which is the damaged part of the Oral Ba, to the adjacent direction of the HH convenience store, and remove the actual part after moving it to the nearest H convenience store)

1. Application of Acts and subordinate statutes to the ledger of driver's licenses (Defendant A);

1. Relevant legal provisions concerning facts constituting a crime and the driving without obtaining a license for the option of punishment: Special larceny under Articles 154 subparagraph 2 and 43 of the Road Traffic Act (Selection of Penalty Surcharges): Article 331(2) and (1) of the Criminal Act;

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

1. Articles 53 and 55 of the Criminal Act for mitigation of amount;

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