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(영문) 제주지방법원 2017.04.21 2017고단285
절도등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On December 18, 2016, at around 03:52, 2016, the Defendant discovered that there is a string of the instant car owned by the victim B, which was parked in the front of the 5-lane 55,00,00, a thring of a golf bank with a total of KRW 4.5 million in the market price located in the string line, and two golf banks consisting of a golf set of less than 4.5 million won in the string line.

In other words, the defendant was stolen by carrying the defendant's solid cargo onto the enclosed.

2. On December 18, 2016, the Defendant violated the Road Traffic Act (unlicensed driving), without obtaining a driver’s license for a vehicle around 03:30 on December 18, 2016, driving the D strawing vehicle from the 15km section to the front day of the said Defendant’s house located in Jeju City through the 55 km, as Jeju, from the front day of the Defendant’s house located in Jeju City to the front day of the said Defendant’s house.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements and photographs of damaged articles;

1. On-site reports (verification ofCCTV images);

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime (a point of Section 329 of the Criminal Act), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (a point of driving without a license) and the choice of imprisonment, respectively;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was returned to the victim, and the victim was not punished, but the crime of this case was committed during the period of suspension of execution (the defendant was sentenced to one year of imprisonment, three years of suspended execution, three years of protection observation, etc. at the Jeju District Court on December 26, 2013, and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and Road Traffic Act (unlicensed Driving) was committed. The above judgment became final and conclusive on January 3, 2014), and the defendant was sentenced to a fine of two million won as an unlicensed driving crime even in 2014.

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