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(영문) 수원지방법원 2016.11.10 2015고단6012 (1)

절도등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. A thief: (a) around 19:00 on May 11, 2015, the Defendant: (b) was parked in the street near the Belgium of Gyeonggi-do, 694-6, and was in front of the Victim B, the representative of the Defendant, who was the Defendant’s employee, at the same time, at the market price of 16 million won or more; and (c) was stolen by taking advantage of the key of the passenger van who was in possession in front of the starting car and selling it by receiving money from D, etc. in exchange for money from the street near the river of the same Si/Gun/Gu, at around 2:00 on the same day.

2. From May 11, 2015 to 22:00 of the same day, the Defendant driven the Cone Star Co., Ltd without a vehicle driver’s license at approximately 2 km section from around 19:0 to around 62:00 of the same day, to the road near the Belgium located in the same Sinsidong from the Belgium 694-6 of the substitute in the same Sinsi-dong.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Examination protocol of police suspect regarding D;

1. B written statements;

1. Application of Acts and subordinate statutes on driving licenses;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, the selection of imprisonment without prison labor;

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

1. Article 62 (1) of the Criminal Act;