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(영문) 전주지방법원 정읍지원 2016.10.06 2016고단350

절도등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. A thief: (a) around 05:00 on June 24, 2016, the Defendant: (b) committed theft against the Defendant’s loading of DNA freight worth approximately KRW 400,000 (hereinafter “D”) at the market price of the victim’s possession, which was accumulated around the place.

2. Around 04:30 on June 24, 2016, the Defendant driven a D truck without obtaining a driver’s license in a section of about five kilometers from the five kilometers to the front road of the said Defendant’s office, via the two-way road located in Jung-Eup, Jung-si, the same day from June 24, 2016 to 05:00 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A damaged scene and a photograph of the damaged article;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, and the choice of imprisonment without prison labor;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up long-term punishments);

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered favorable circumstances, such as the fact that a criminal act is led to confession and mistake, that victim C is not subject to punishment for the defendant, that the value of stolen goods is not so significant, and that compliance driving is performed);

1. Probation, Article 62-2 of the Criminal Act, the main sentence of Article 59 (1) of the Act on Probation, etc.;