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(영문) 창원지방법원 거창지원 2014.08.06 2014고단144

야간주거침입절도등

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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 30, 2014, around 01:40, the Defendant: (a) intruded into the back door of “D restaurant” operated by the injured party C in Gohap-gun B; (b) thereby cutting off the vehicle by driving the vehicle at the time of the said vehicle owned by the injured party (on a market price of 2,7510,000 won) with a flat of a passenger vehicle located on the front line, and with a flat of a passenger vehicle in the parking lot, the Defendant stolen it.

2. On January 30, 2014, the Defendant: (a) driven a stolen vehicle, such as the preceding paragraph, at around 01:54 on January 30, 2014; (b) led the Yancheon-gun road, which is located at the Yancheon-gun Gyeongyangyang-do, to the Yancheon-do Gyeongcheon-do.

At this time, there is a duty of care to prevent accidents by accurately manipulating the steering and the right and the right and the right and the right and the right and the right of the driver of a motor vehicle, and to prevent accidents from occurring.

Nevertheless, the defendant neglected to do so and caused the left-hand retaining wall of the above Roter as the front part of the left-hand side of the vehicle.

After all, the Defendant escaped without taking necessary measures even after all the front side of the repair cost is damaged to the above vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. A report on investigation;

1. Application of the Acts and subordinate statutes governing photographs and site photographs;

1. Relevant legal provisions concerning facts constituting an offense, and the choice of punishment under Article 30 of the Criminal Act (the occupation of larceny at night), Articles 148 and 54 (1) of the Road Traffic Act (the occupation of measures not taken after traffic accidents and the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment: Imprisonment for not less than one month but not more than 15 years;

2. The sentencing criteria shall be set.