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(영문) 춘천지방법원 영월지원 2014.09.30 2014고단322

절도등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. From March 1, 2014, around 10:50 on March 1, 2014, the Defendant: (a) collected and stolen the victim’s 13 ppuri (300g and equivalent to KRW 30,000) near 4-5 years old, which was cultivated from the forest owned by the victim B, using the gaps in which the victim’s management was neglected; and (b) took place.

2. Violation of the Road Traffic Act;

A. On March 1, 2014, at around 10:40 on March 1, 2014, the Defendant drive an Esex cargo vehicle without obtaining a driver’s license at a distance of about 1 km from the dwelling of the Defendant D to the place under paragraph (1).

B. On March 3, 2014, at around 10:45, the Defendant driven an Esex freight without obtaining a driver’s license at approximately 6 km section from the front of the Esex truck in the front of the Escopic Haak-gun in the same military area, located in the place of residence of the Defendant D, Gangwon-gun.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Seizure records;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, and the selection of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Consideration of the initial crime for sentencing under Article 334(1) of the Criminal Procedure Act, including the fact that the amount of damage from theft is not significant;