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(영문) 창원지방법원 진주지원 2018.05.25 2018고단328

특수절도등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a secondhand shop with the trade name of “C” in Sacheon City B.

1. On December 31, 2017, around 21:00, the Defendant: (a) destroyed or damaged the locks installed at the entrance of the said plastic house, in front of the plastic house owned by the victim E, the Defendant: (b) destroyed the said plastic house by using a cutting machine prepared in advance; (c) intruded into the said plastic house; and (d) stolen the vehicle and truck loaded the truck loaded with the Defendant, carrying one of the 8-dong 8-dong truck freight trains in a size equivalent to one million won at the market price, which is the victim’s possession.

2. A thief: (a) on January 2, 2018, the Defendant: (b) committed theft by carrying 30 lines pumps, which are owned by the victim G, the sum of market prices of 19.50,000 won, such as 30 lines, and 60 non-line pipe pipes, on board the Defendant’s 2 chemical rentals located in Gyeongcheon-si F.

3. Violation of the Traffic Act on roads.

A. On December 31, 2017, the Defendant driven H Poter Cargo Vehicles from the front road in Scheon-si B without a driver’s license on December 31, 2017 to the front road of the same City, approximately KRW 2.8km.

B. On December 31, 2017, the Defendant, without a vehicle driver’s license around 20:50, driven an Ik class freight vehicle from the front road in Scheon-si B to the front road of the same city.

(c)

On January 2, 2018, the Defendant, without a driver’s license of a vehicle around 06:00, driven the J Poter Cargo at approximately 20km from the front road in Scheon City B to the front road in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of G and E;

1. Police seizure records;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant legal provisions of the Criminal Act and Articles 331(1) and 330 (Special Larceny), Article 329 (Larceny and Imprisonment) of the Criminal Act, and subparagraphs 1 and 43 (Unlicensed Driving, Imprisonment without prison labor) of Article 152 of the Road Traffic Act concerning the facts constituting a crime;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;