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(영문) 창원지방법원 2015.01.20 2014고단3018

야간건조물침입절도등

Text

1. The defendant shall be punished by imprisonment for eight months and a fine of five thousand won; and

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On September 30, 2014, the Defendant: (a) discovered the location of the victim C(54 years of age) in front of the “B house C”, which was located at the same time; (b) discovered the location of the victim C(54 years of age; (c) discovered the location of the said Otoba, 100 oba, and (d) removed the key of the Otoba, with his hand, and then cut off it by getting off the oba, leading the electric wire, leaving the oba, and getting off the dong.

2. At night, at around 01:00 on October 7, 2014, the Defendant: (a) was stolen by opening the warehouse entrance door by hand from the warehouse E. F (72 years of age); (b) discovered the victim’s GT 100 otoba, which was installed at the entrance; (c) opening the 100 obaba, which was in possession of the victim; and (d) opening the fambage, connected electric wires by hand connected the electric wires; and (e) cutting down the obbbba, which was in possession of the victim’s possession.

3. Violation of the Road Traffic Act;

A. Notwithstanding the absence of a motorcycle driver’s license, the Defendant at around 01:50, Sept. 30, 2014, the foregoing provision 1-A.

As described in the paragraph, approximately 5 km was driven in front of the dwelling of H, Changwon, on board a stolen dial part, such as the statement.

B. Notwithstanding the absence of a motorcycle driver’s license, the Defendant, around October 7, 2014, around 01:00, around 1-B.

As described in paragraph (1), approximately 3 km had been driven in front of the defendant's residence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C;

1. Seizure records;

1. A report on vehicle theft and a report on use of each two-wheeled motor vehicle;

1. Application of Acts and subordinate statutes to the Motor Vehicle Driving Register;

1. Relevant legal provisions concerning facts constituting an offense, Article 329 of the Criminal Act that allows the choice of punishment, Article 330 of the Criminal Act, Article 154 subparagraph 2 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the order of provisional payment.