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(영문) 수원지방법원 여주지원 2013.09.02 2013고단610

절도등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On February 2, 2013, the Defendant: (a) around 00:37, 2013, the Defendant: (b) at the “D convenience store” located in Gyeonggi Pyeong-gun, the Defendant: (c) committed a theft by inserting freezing food to employees E; and (d) put the victim’s “D convenience store” business owner, where the cash amounting to KRW 100,000,000 at the market price located in the carcter, was kept, into a flicker, and stolen it by inserting the victim’s “D convenience store.”

2. Around 16:00 on March 18, 2013, the Defendant driven a Gpoter vehicle at a distance of about 2 km from the front side of the border water area where the State repair is located in both documents of Gyeonggi-gu to the front side of the “Cheongcheonwon” road, while under the influence of alcohol by 0.12% of the blood alcohol level without a driver’s license, around 16:00 on March 18, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Relevant Article 329 of the Criminal Act, Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152, and Article 43 of the same Act concerning the crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act [limited to concurrent crimes within the scope of the sum of the long-term punishments prescribed by heavy larceny, but the lowest shall be based on the punishment prescribed by the Road Traffic Act] does not inflict any damage on the defendant due to the defendant's larceny reasons for sentencing, and any fact that the defendant agreed with the victim is favorable to the defendant, or that the defendant has been sentenced to the punishment for the same kind of crime several times.