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(영문) 광주지방법원 해남지원 2019.07.11 2019고단177

특수절도등

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On February 14, 2019, at around 20:25, the Defendant: (a) destroyed the lock-out locking device by using the draber (a total length of about 30cm) on the date it was in possession of the victim C in front of the container owned by the victim C; and (b) destroyed the locking device; (c) opened the door and intruded the inside, and stolen it with an electric cable cable equivalent to KRW 5 million at the market price of the victim owned by the victim.

2. Around 20:30 on February 14, 2019, the Defendant driven an E-high-speed car without obtaining a driver’s license in a section of about 8 km from the front side of the west-gun, Southern-gun, to the front side of the west-gun, Jeonnam-gun.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared by C;

1. Registers of driver's licenses;

1. Application of relevant Acts and subordinate statutes to each relevant photograph;

1. Relevant provisions of the Criminal Act and Articles 331 (1) and 330 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 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, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggregate of the long-term punishments of the above two crimes] among concurrent crimes;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment for six months to five years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Special larceny [Determination of Punishment] thief for thief (Type 4] Intrusion upon general property (type 4): In cases of intrusion upon places other than indoor residential space: In cases of intrusion upon places other than indoor residential space, an aggravated element of punishment: In cases of intrusion upon buildings, etc., such as night destruction and damage [the area of recommendation and the scope of recommendation] mitigation area, and imprisonment between August and June;

(b) Violation of the Road Traffic Act: The fact that the sentencing criteria are not set;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for not less than eight months shall be set.