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(영문) 전주지방법원 남원지원 2018.05.15 2018고단52
절도등
Text

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

Reasons

Punishment of the crime

1. On March 31, 2018, the Defendant: (a) discovered a vehicle “D E” in front of the “D E” located in Yansan-gu Seoul Special Metropolitan City on the street; (b) discovered the vehicle’s car owned by the victim E FSpo-si (No. 1) with an emergency, etc. without boarding the vehicle inside the vehicle; and (c) opened a driver’s seat where the vehicle is not corrected with the said vehicle; and (d) opened the vehicle with the vehicle’s key located in the front place of the container with the vehicle at the front place of the container, driving the vehicle at the speed of KRW 20 million, which is the victim’s market price, and 110,000,000 won in cash and cash at the market price of the vehicle at the expense of KRW 1,00,000,000 in the market price.

2. Violation of the Traffic Act on roads.

A. At the date and time set forth in paragraph 1, the Defendant driven a motor vehicle without obtaining a driver’s license from the front of the aforementioned “D Mart” road to the mutual influorite-gun in North Korea, without obtaining a driver’s license.

B. On April 1, 2018, at around 06:30, the Defendant driven a motor vehicle in the Spo-type as indicated in paragraph (1) without obtaining a driver’s license from approximately 50 km section from the front of the mutual influence road as indicated in paragraph (a) to the front of the Southern-si Hanwon-ro 418.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. On-site photographs of stolen vehicles;

1. Police seizure records;

1. Application of Acts and subordinate statutes to arrest reports (the theft of vehicles and the violation of the law by thief), investigation reports (the attachment of seized objects to seized objects), and investigation reports (the attachment to the register of driver's licenses of vehicles), including thief cases;

1. Relevant Article of the Criminal Act and Article 329 of the Criminal Act that provides for the choice of punishment for the crime (abstinence point, a punishment by imprisonment), and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (abstinence point, a non-licensed driving point, and a sentence by imprisonment);

1. Article 37 (former part), Article 38 (1) 2, and Article 50 (Aggravated Punishment of Concurrent Crimes) of the Criminal Act shall be aggravated (the sum of the maximum punishment provided for the most severe larceny).

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