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(영문) 대구지방법원 2017.09.21 2017고단4036
특수절도등
Text

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 July 7, 2017, at around 02:57, the Defendant came to know in the food delivery company B and C, the Defendant discovered G 00,000 won at the market price established by the victim F in Daegu-gu, Daegu-gu, and found G 00,000 won. The Defendant reported the network around C, and the Defendant changed the key of other 00,000,000,000,000,000,000,000 won.

As a result, the defendant stolen the victim's property together with B and C.

2. On July 7, 2017, the Defendant violated the Road Traffic Act, without obtaining a driver’s license for light engine devices, and driving G Otoba from the “E real estate” parking lot located in Daegu Jung-gu, Daegu-gu, to the 2.9km south-ro 117, Daegu-ro, Daegu-gu, Gyeongbuk-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect B or C by the police;

1. A written statement;

1. Reporting on investigation (locating damaged articles);

1. Report on the occurrence of thief incidents;

1. Application of Acts and subordinate statutes to report internal investigation (the perusal of CCTV for crime prevention and the specification of time for crime);

1. Relevant legal provisions of the Criminal Act and Articles 331(2) and 331(1) (special larceny points) of the Criminal Act concerning facts constituting an offense, and Articles 154 Subparag. 2 and 43 of the Road Traffic Act (non-licensed driving points and choice of fines);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which increases concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

1. The theft for the reason of sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order is deemed to have committed a crime with B, C, etc. at night by sharing it with the Defendant at night, and the nature of the crime is poor in light of the applicable criminal methods, etc.

In addition, the defendant is not the defendant in light of the fact that it has been decomposed as a part of the damage, thereby impairing the utility of the damage and not restoring the damage.

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