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(영문) 부산지방법원 동부지원 2019.06.12 2019고정6

절도등

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

"2019 High Court 6"

1. On August 18, 2017, around 01:00, the Defendant: (a) took away goods equivalent to KRW 82,000, totaling the amount of KRW 35,000, the Defendant, at the entrance of the first floor of the Busan Shipping Daegu building B in Busan, using the cresh in which the victim did not live in the house; (b) taken away the goods equivalent to the sum of KRW 35,000,000, the market price of which is equivalent to KRW 35,000, and KRW 10,000, the market price of which is equivalent to KRW 2,000.

"2019 Highly 7"

2. On July 24, 2017, at around 03:20, the Defendant driven a string with no number plate in approximately 100 meters from the front of the E Union located in Busan Shipping Daegu D to the front of the G convenience store located in the same Gu F, while under the influence of alcohol content of 0.058%.

Summary of Evidence

[Fact 1]

1. Defendant's legal statement;

1. C’s statement;

1. Investigation report (victim C telephone conversations) (the fact of No. 2 on the market);

1. Partial statement of the defendant;

1. Each protocol of examination of the witness of this Court concerning H and I;

1. A written arrest of a flagrant offender;

1. A copy of the usage register of drunks;

1. The defendant and his defense counsel's assertion about the discovery report of the drinking driver, the circumstantial statement report on the drinking driver's circumstantial statement, and the defendant and his defense counsel asserted that the defendant had been under the influence of alcohol 0.057% at the time in relation to the crime stated in paragraph 2 of the crime, but they did not drive Orabs.

However, according to each evidence of the judgment, since the fact that the defendant drives a business without a number plate at the time is sufficiently recognized, the above assertion by the defendant and the defense counsel is rejected.

Application of Statutes

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act, and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the maximum amount of two crimes is aggregated);

1. The Criminal Act for the detention of a workhouse;