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(영문) 울산지방법원 2019.06.25 2019고단716

강도예비등

Text

A defendant shall be punished by imprisonment for six months.

Seized evidence 1 or 2 shall be confiscated.

Reasons

Punishment of the crime

1. On January 4, 2019, the Defendant, without obtaining a driver’s license on January 19, 2019, driven a Cpote vehicle at approximately 4.3 km from the road of Ulsan-gun, Ulsan-gun, Ulsan-gun, Seoul-do, to the road adjacent to the west-do, Ulsan-do, U.S., without obtaining a driver’s license, and operated a Cpote vehicle without obtaining a driver’s license on a total of four occasions from January 5, 2019 until January 04:00, as indicated in the annexed crime log table.

2. At around 02:00 on January 5, 2019, the Defendant was considered as a monetary issue in the Defendant’s residence located in Ulsan-gun BB lending D, Ulsan-gun, which had previously been in mind at the victim E’s house located in the Republic of Korea in the vicinity of the mountain, and was in mind to pay money to the Defendant.

Accordingly, at around 03:40 on the same day, the Defendant parked a vehicle in the vicinity of the victim's residence located in Ulsan-gun F, Ulsan-gun, and had one ambling (70cm in length) and one knick-gu in Alumin for the purpose of forcibly taking money and valuables by giving fage to the victim, and looked into the surrounding areas of the victim's residence, and went back to the victim.

Accordingly, the defendant prepared robbery for the purpose of taking money and valuables from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each report on internal investigation:

1. Records of seizure and the list of seizure;

1. Registers of driver's licenses;

1. Each G map;

1. Application of Acts and subordinate statutes to each photograph (Evidence Nos. 3, 5, 7, 11);

1. Relevant Article of the Act and subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, and Article 343 of the Criminal Act, each of the choice of punishment for the crime;

1. Of concurrent crimes, the crime of this case for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is committed by the defendant. The defendant continued to drive a motor vehicle four times without obtaining a driver's license.