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(영문) 창원지방법원 밀양지원 2014.10.16 2013고단231

특수절도등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around March 10, 2013, the Defendant, along with B, tried to steals 1 glus in the Eths operated by the victim D in Syang-si on March 10, 2013.

B reported to the network at the head of the F Cargo Sheet, and the Defendant used Nomluar extraction, and carried 1,000,000 won of the market price owned by the victim in the loading of the cargo.

Accordingly, the defendant stolen the victim's property together with B.

2. Violation of the Road Traffic Act;

A. On March 11, 2013, the Defendant, at around 21:00 on March 10, 2013, driven a FF vehicle without obtaining a driver’s license in the section of approximately 30 km up to the house of the said B at around 00:30 on March 11, 2013, starting from the house of B located in the Cheongdo-gun, Chungcheongnam-do-gun, Cheongyang-do-si.

B. The Defendant, on March 20, 2013, driven a f freight vehicle without obtaining a driver’s license in the section of about 18 km from the front of the Cheong-do G in Chungcheongnam-do to the front of the Cheongdong apartment located in the upper south of the Gyeong-do in the Gyeongyang-si in the Gyeong-do in the Gyeongyang-do in the Gyeong-do.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Protocol concerning the examination of each police suspect against the defendant or B;

1. Written statements of D;

1. Reports on occurrence, investigation reports, and internal investigation reports: Each report;

1. Application of statutes on site photographs;

1. Relevant provisions of the Criminal Act and Articles 331(2) and (1) of the Criminal Act that apply to criminal facts, the choice of punishment (the point of special larceny), and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (the point of driving without a license and the choice of imprisonment);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;