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(영문) 광주지방법원 해남지원 2014.11.19 2014고단307

절도등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 28, 2010, the Defendant was sentenced to a suspended sentence of 6 months due to night residence intrusion and larceny in the Gwangju District Court's branch office, and was sentenced to a fine of 4 times more due to a violation of the Road Traffic Act (unlicensed Driving) except for those who were sentenced to a suspended sentence of 2 years.

1. A thief, around August 2014, the Defendant was an employee in the Kim Farming farm operated by the victim D in Jindo-gun, Jindo-gun, Jindo-gun, and was aware of the fact that the victim was parked in the F playground located in Pyeongtaek-gun, Pyeongtaek-gun, with a ton of G1 ton of the victim, with a vehicle height displayed at the kis, the victim was parked in the kis.

Around 04:00 on August 7, 2014, the Defendant refused to do so in the above Kim ro-type, and was parked in the above F playground, and was parked in the cargo cream, he used the above cargo cream to drive the above cargo while driving it.

Accordingly, the defendant stolen the above cargo vehicle of approximately KRW 7.5 million at the market price owned by the victim.

2. Around 04:00 on August 7, 2014, the Defendant driving a freight vehicle with G1 ton, as described in paragraph (1), of G1 ton, without obtaining a driver’s license on a section of about 40 km from the front of the said F to the front road located in the Sinpo-si 98, Sinpo-si, Mapo-si around 06:00 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Registers of driver's licenses;

1. Application of four Acts and subordinate statutes to four photographs;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing in Article 62-2 of the Criminal Act of the probation and community service order [the range of recommending punishment] the punishment of larceny in general property is sentenced to the punishment that has no basic area (6-1-6 months) (6-1-6 months).