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(영문) 울산지방법원 2013.05.10 2012고단2950

절도등

Text

A defendant shall be punished by imprisonment with prison labor for not more than four months and by a fine not exceeding three hundred thousand won.

If the defendant fails to pay the above fine, 50,000.

Reasons

Punishment of the crime

1. At around 03:00 on October 3, 201, the Defendant: (a) discovered a single letobane E owned by the victim D in Yangsan-si; and (b) turned back the key of the letobane to a knb in a knife and turned it back to a knife on several occasions; and (c) stolen it by driving it.

2. On October 3, 201, the Defendant violated the Road Traffic Act (driving without a license) driving the said Obane without obtaining a driver’s license on a mass 10-day and a driver’s license from around October 3, 201 to around the same month.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes of D;

1. Relevant Article 329 of the Criminal Act, subparagraph 2 of Article 154, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Selection of imprisonment with prison labor or a fine for violating the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 3 and 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 main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;