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(영문) 대구지방법원 서부지원 2014.04.18 2014고단221

절도등

Text

A defendant shall be punished by imprisonment for not less than eight months and a fine not exceeding two hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On January 22, 2014, at around 09:45, the Defendant: (a) opened a driver’s seat of the E-Poter Cargo in front of the Daegu-gu Child Care Center C Child Care Center, which was parked without the victim D’s correction device; and (b) cut off 200,000 won of the market value of the victim’s possession, which was attached to the inside window of the said cargo vehicle, at the same time as the Daegu Bank, Enterprise Bank, National Bank, and Nonghyup Bank, which was located in the storage space for even the cargo driver’s 10,000 won of the market value of the said cargo vehicle; and (c) cut off the 200,000 won of the market value of the said cargo vehicle using the No. 330,00 won of the market value.

2. On January 22, 2014, from around 09:35 to around 10:00, the Defendant driven a FJaved Austria, without obtaining a motorcycle driver’s license, on the 5km section from the front of the 107-Jag apartment located in the merchants' Dong in Daegu Seo-gu, Daegu to the front of the 107-Jag apartment located in the same Gu B from the front of the 107-Jag apartment, to the front of the 107-Jag apartment, again, without obtaining a motorcycle driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure;

1. Relevant provisions of the Criminal Act and Articles 329 (Selection of Imprisonment) of the Criminal Act, subparagraph 2 of Article 154 and Article 43 (Selection of Fine) of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no past record of punishment for the same crime for at least 20 years, the degree of damage is not significant, part of the damaged goods have been recovered, the confession of the defendant and the fact that the defendant is against himself

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