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(영문) 울산지방법원 2014.05.30 2014고단407

절도등

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A thief, around 10:50 on January 13, 2014, the Defendant got to have a saw as “E” managed by the victim D in Ulsan-si, Ulsan-si, U.S., or a saw with a saw with a steel product lease stale equivalent to KRW 100,000 at the market price set up in front of the building.

Accordingly, the defendant stolen the victim's property.

2. Violation of the Road Traffic Act (unlicensed Driving) was operated by the Defendant without obtaining a driver’s license at a section of about 15 km in the same 15 km away from Pluri-gun, Ulsan-si, Ulsan-si at the same time via the same flive Ri from Pluri-si, Ulsan-si, Ulsan-si, to the same flive Ri.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Reports on internal accidents (related to the attachment of the details of CCTV recording at the scene of damage, and verification of the details of CCTV recording for methods);

1. Application of Acts and subordinate statutes to investigation reports (related to attachment to the register of driver's 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 point of driving without a license) - Selection of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of the sum of the long-term punishments prescribed for larceny with heavier punishment) among concurrent crimes;

1. Aggravation of a suspended sentence as provided for in Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The scope of the recommended sentence on the sentencing criteria (a crime subject to the sentencing criteria] the scope of larceny [a] [a person subject to the sentencing criteria] and the scope of larceny [a person subject to the special sentencing] and mitigation element] of category 1 (a person subject to the sentencing criteria] (a person subject to the special sentencing): a crime subject to the sentencing criteria] and a concurrent crime between one month and six months [a person subject to the sentencing range] of imprisonment [a person subject to the sentencing range] and a crime subject to the sentencing criteria for a crime for which the sentencing criteria are set, and thus, a concurrent crime is committed between the crimes subject to the sentencing criteria for which the sentencing criteria are set and the crimes for

2. As to the defendant, the sentence shall be punishable for driving without a license.