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(영문) 창원지방법원 통영지원 2018.05.10 2017고단1047

특수절도등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On March 14, 2017, at around 15:38, 2017, the Defendant finds out the victim D’s door-to-door compensation with a cell phone number of KRW 20,000, a mobile phone number of KRW 158,000 in the market price of the victim D, which was posted and posted a door-to-door article on the front of the “C cafeteria” building in front of the “C cafeteria” building installed on the outside wall of the said building, and finds out the victim D’s door-to-door compensation with a cell phone number of KRW 20,00 in the market price, and the Defendant reported the network and operated E.

After being loaded on the F Poter Cargo, the Defendant driven the said vehicle as described in paragraph 2 below, and stolen the property equivalent to the sum of KRW 178,000.

2. On March 14, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving on the road without a driver’s license on March 13:00, 201, the Defendant driven a F1 ton cherb in front of the “J” in the front of the road in Tong-si, Tong-si, Tong-si, through the KH class.

Summary of Evidence

1. A protocol concerning the interrogation of each police officer against the defendant or E;

1. Statement made by the police against D;

1. Police seizure records;

1. Reporting on the arrest of each case;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions of the Criminal Act and Articles 331(2) and 331(1) (special larceny points) of the Criminal Act concerning facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (non-licensed driving points, and choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act to mitigate the amount of punishment are as follows: (a) the Defendant again committed each of the instant crimes even though he/she had the same criminal history; (b) the Defendant has agreed with the victim of larceny; and (c) the Defendant’s age, sex, environment, motive and circumstance of the crime; and (d) the circumstances after the commission of the crime, etc., considered various conditions for sentencing under Article 51 of the Criminal Act, and determined the punishment as ordered.