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(영문) 광주지방법원 순천지원 2013.12.27 2013고단2363

절도등

Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 300,000 won.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

1. On August 10, 2013, the Defendant discovered that the key to the D cafeteria located in C on August 10, 2013, in front of the D cafeteria located in C, is installed in F.O., the victim E-owned market at the F.O.b., and driven any cre without any crecture by breaking it.

Accordingly, the defendant stolen the victim's property.

2. Violation of the Road Traffic Act;

A. On August 10, 2013, the Defendant driven FOba, as described in paragraph (1), from around 4 km to the front road of a restaurant located in C in FObari-si to the inn river located in the same city crew road, without obtaining a motorcycle driver’s license on August 10, 2013.

B. On August 12, 2013, at around 16:20, the Defendant, without obtaining a motorcycle driver’s license on August 12, 2013, driven FOba, as described in paragraph (1), at a section of about 1 km from the front day of the FOba-dong, a female youth training center located in the same school, to the front day of viewing in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Investigation report (related to the recovery and photographing of damaged articles), and photographs of damaged articles;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes concerning guidance, search and output;

1. Relevant provisions of the Criminal Act, Article 329 of the Criminal Act, the choice of punishment, and Article 154 subparagraph 2 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the occupation of a license for a motorcycle without a license and the selection of a fine);

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.