A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[2018 Highest 647]

1. On March 10, 2018, Defendant B discovered two 2,000 won of the market price owned by the victim D, which is the victim D, installed adjacent to C’s plastic greenhouse, at the time of inn, around 12:10 on March 10, 2018, the Defendant was able to drive the ewing and the third truck, and the Defendant was able to drive the ewing and the third truck, and Defendant B was able to look back to the plastic greenhouse. After examining the network where there is no other person in the surroundings, Defendant B and Defendant B, together, carried 2 the above spons in loading the cargo.

Accordingly, the defendant stolen the victim's property together with the defendant B.

2. On March 10, 2018, the Defendant: (a) driven the Ewing-si and III cargo vehicles; (b) operated from the Chang-si to the Chang-dong to the affairs of South Eup/Myeon; and (c) operated the said vehicle from the place to the Chang-dong in Echeon-si; and (d) driven the said vehicle without obtaining a driver’s license in a section of about 45km.

Summary of Evidence

1. The legal statement of the defendant and the above defendant B

1. Written statements of D;

1. Investigation reports (investigation of CCTVs around the scene) and CCTV analysis photographs;

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

1. Relevant legal provisions of the Criminal Act and Articles 331(2) and 331(1) (special larceny points) of the Criminal Act concerning facts constituting an offense, and Articles 152 subparag. 1 and 43 of the Road Traffic Act (non-licensed driving points, and choice of imprisonment with prison labor);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the extent that the sum of the long-term punishment of the above two crimes, which is prescribed by a special larceny with heavy punishment, is added);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The scope of punishment: Imprisonment with prison labor for not less than one year but not more than 11 years;

2. The scope of the sentence recommended on the sentencing criteria (the scope of the recommended punishment for special larceny) [the scope of the punishment for special larceny] [the scope of the punishment for general property] mitigated area (4 months to 10 months] mitigated area (the punishment for special larceny];

3. The defendant who has been sentenced to a sentence may have the record of being punished for driving without a license.