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(영문) 전주지방법원 2013.04.18 2013고단1015

절도등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 7, 2012, the Defendant was sentenced to 10 months of imprisonment with prison labor for larceny, etc. in the Jeonju District Court’s Military mountain support, and was released on November 30, 2012 and the parole period passed on January 13, 2013 during the execution of the sentence.

1. At around 14:10 on February 17, 2013, the Defendant: (a) opened the driver’s seat of the F E-ray vehicle located behind the D restaurant located in Kim Jong-si, the Defendant brought about the victim’s bank owned by the victim, including one, one, one, one, the market price of which is equivalent to KRW 100,000,000, and one, one, half of the market price of KRW 660,000,000, in cash.

Accordingly, the Defendant stolen property equivalent to the total market value of 4.26 million won owned by the victim.

2. Any person who takes over an automobile registered in violation of the Automobile Management Act or the Guarantee of Automobile Accident Compensation Act shall file an application for registration of transfer of ownership with the competent administrative agency, and no automobile which is not covered by mandatory insurance shall be operated on the road;

Nevertheless, around September 201, the Defendant acquired the HST520 car volume from G, and operated the said car without applying for registration of transfer from around that time to March 4, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report (a report on confirmation, such as non-purchase of insurance for HH vehicles owned by the A);

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (Attachment to judgments of the same kind as a suspect);

1. Relevant legal provisions concerning facts constituting an offense, Article 329 of the Criminal Act that choose a punishment, Article 81 subparagraph 2 of the Automobile Management Act, Article 12 (1) of the Automobile Management Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, Article 8 of the Automobile Accident Compensation Act, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the long-term punishment for the crimes of the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall be imposed.