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(영문) 수원지방법원 2019.01.15 2018고단6706

절도등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Criminal facts

[criminal power] On August 22, 2018, the Defendant was sentenced to imprisonment for six months with prison labor for larceny, etc. in the Sung-nam Branch of Suwon District Court, and completed the execution of the sentence at the Suwon Detention House on November 11, 2018.

【Criminal Facts】

1. Larceny;

A. On November 18, 2018, the Defendant: (a) around 07:12, 207:12, the Defendant: (b) opened a car driver’s seat in D1 ton of D1 ton of the market price of the victim B, who was parked at the same place, and used the key in the vehicle, and driven the said vehicle while driving the vehicle.

Accordingly, the defendant stolen the victim's property.

B. On November 18, 2018, the Defendant: (a) opened a door of a HH typ vehicle parked in the G Elementary School (F) parking lot located in the GH on 08:22 on November 18, 2018; and (b) carried one cellphone equivalent to KRW 50,000 in the market price owned by the victim E in the said vehicle.

Accordingly, the defendant stolen the victim's property.

2. On November 18, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a driver’s license from around 07:12 to around 12:06, and driving a d1 ton vehicle from around 9km section in the area of about 9km from the road near the Suwon-si, Suwon-si, Suwon-si to the I road in the vicinity of the Suwon-si.

Summary of Evidence

1. The police statement concerning B;

1. E statements;

1. Records of seizure and the list of seizure;

1. Photographs of D vehicles, photographs of keyss, photographs of victim E-H vehicles, photographs of victim E, walletss, handphones, and photographs, such as Handphones, and CCTV, screen pictures and field photographs;

1. Previouss before and after judgments: Application of criminal history records, investigation reports (verification of repeated crimes, attachment of judgment and expiration date of term of punishment);

1. Relevant Article 329 of the Criminal Act, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of imprisonment for a crime, the choice of punishment, and the choice of punishment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The Criminal Act among concurrent crimes.