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(영문) 광주지방법원 2012.10.25 2012고단4295

야간주거침입절도등

Text

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

Reasons

Punishment of the crime

On April 22, 2010, the Defendant was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Gwangju District Court, and completed the execution of the sentence on February 11, 2012.

1. On July 20, 2012, around 02:45, the Defendant: (a) opened and intruded a closed window at the office of the Korea Rehabilitation Agency in 915-9, Chungcheongnam-dong, Chungcheongnam-gu, Gwangju; and (b) cut off the heat of BRati vehicles owned by the Seoul Special Self-Governing Province; and (c) subsequently, the Defendant stolen BRati vehicle heat owned by the Gwangju Special Self-Governing Province.

2. At around 02:50 on July 20, 2012, the Defendant: (a) used the stolen vehicle heat at the parking lot of the Korea Rehabilitation Agency as seen in the foregoing paragraph (1); (b) used the stolen vehicle heat; and (c) used it at the victim’s parking lot of the Korea Rehabilitation Agency, the Defendant stolen the vehicle B car with the market price of KRW 5.180,000,000, which is owned by the Gwangju Military Welfare Agency.

3. On July 20, 2012, the Defendant violated the Road Traffic Act (unlicensed driving) at around 02:50, the Defendant driven a B LV car at the above section of about 250km from the front of the Korea Rehabilitation Agency listed in the said paragraph (1) to the front of the Seocheon-do Office for Coastal Expressway, which was located in the Taecheon-do, Seocheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police about C (agreement);

1. A driver's license ledger;

1. Previous records: Application of inquiries and inquiries reports, such as criminal records, and Acts and subordinate statutes on the current status of personal identification;

1. Relevant Article 30 of the Criminal Act, the choice of punishment for the crime, Article 330 of the Criminal Act, Article 329 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, and Articles 43 of the Road Traffic Act (the point of unauthorized Driving, the choice of imprisonment);

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

1. Reasons for sentencing among concurrent crimes under the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act (aggravating concurrent crimes with the highest punishment in night, residence or larceny);

1. Class 1 offence -