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(영문) 대전지방법원 서산지원 2013.11.21 2013고정337

절도등

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[Criminal Power] On July 19, 2013, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Seogsan Branch of the Daejeon District Court on July 19, 2013, and the said judgment became final and conclusive on July 27, 2013.

【Criminal Facts】

1. 절도 피고인은 2013. 4. 3. 11:30경 충남 태안군 C상가 앞 노상에 피해자 D(남, 70세) 소유의 E 효성 49씨시 프리마랠리 오토바이에 열쇠가 꽂혀 있는 것을 확인하여 오토바이센타에 팔기 위하여 그대로 운전을 하여 가 이를 절취하였다.

2. On July 23, 2006, the Defendant violated the Road Traffic Act (free license) driving of the said vehicle without obtaining a motorcycle driver’s license after the revocation of the license due to a drunk driving on July 23, 2006, and driving the said vehicle by driving approximately KRW 100 meters of the said vehicle, which was stolen as in the same manner as the said paragraph, at the same time and at the same place as the said paragraph.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. Each photograph;

1. A suspect, passbook copy; and

1. A copy of the automobile driving license register;

1. Previous records of judgment: Criminal records, investigation reports (suspects' previous records and attachment of written judgments), application of statutes governing judgment;

1. Relevant legal provisions concerning criminal facts, Article 329 of the Criminal Act, subparagraph 2 of Article 154, and Article 43 of the Road Traffic Act;

1. Selection of each alternative fine for punishment (the fact that the damage has been recovered and that the damage could have been tried together with the final and conclusive judgment);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.