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A defendant shall be punished by imprisonment for not less than eight 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 October 25, 2018, around 00:51, the Defendant: (a) intruded into the first floor D exhibition center through an underground parking lot; and (b) 1,000,000 won of the market price displayed at the exhibition center; (c) 1,00,000 won of the market price; and (d) 2, as well as 1,000,000 won of the market price.
Accordingly, the defendant invadedd a structure at night and stolen the victim's property.
2. Violation of the Road Traffic Act;
A. On October 25, 2018, the Defendant, without obtaining a driver’s license at around 00:20 on October 25, 2018, driven a F Kaman car at approximately 10km from the Daegu Dong-gu E apartment parking lot to the front road of the Daegu Northern-gu B.
B. On October 25, 2018, the Defendant, without obtaining a driver’s license at around 03:05, driven a F Kaman car at approximately 10km from the front side of Daegu Northern-gu, Daegu-gu, Dong-gu, Seoul-gu, without obtaining a driver’s license.
C. On October 25, 2018, the Defendant, without obtaining a driver’s license at around 12:00, driven a F Kaman car at approximately 10km section from the Daegu Dong-gu E apartment parking lot to the front of the Daegu Northern-gu B.
around 12:40 on October 25, 2018, the Defendant driven approximately 10km vehicles without a vehicle driver's license from around 13:10 on the front side of Daegu Northern-gu B, Daegu-gu, Seoul-gu, and up to 13:10 on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to a suspect's color photograph), a criminal investigation report (fixture photographs and video attachment), and a criminal investigation report (Attachment to the ledger, etc. of suspect's driver's license);
1. Relevant legal provisions concerning facts constituting an offense, and Article 330 of the Criminal Act that selects punishment (the points of larceny of night buildings), and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the point of driving without a license and the choice of imprisonment);
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: