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(영문) 전주지방법원 2017.03.23 2016고단1731
절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On September 29, 2016, the Defendant entered the Republic of Korea for tourism (on November 28, 2016, when the period of sojourn expires) with Russian nationality, and received daily allowances from a private company and dry field located in North-gun C before the following day, and performed private construction and selection work.

1. A theft: (a) around October 1, 2016, the Defendant: (b) discovered the amount equivalent to KRW 5 million at the market price of the Glearning car owned by the wife F owned by the victim, where the vehicle keys is parked at the E house located in the former North Jeju-gun, Maju-gun; and (c) destroyed the vehicle by driving the vehicle at the dong, with the vehicle’s seat marked by the vehicle keys.

2. On October 1, 2016, the Defendant, while under the influence of alcohol 0.204% in blood without a driver’s license for a motor vehicle on October 1, 2016, driven a G-learning motor vehicle, which was stolen from DNA on the street to H’s right before he/she was under the influence of alcohol 0.204% in the blood, as set forth in paragraph (1) of the same Article.

Summary of Evidence

[Judgment]

1. Statement by the defendant in court;

1. Each police statement made to E and I;

1. A report on detection of a driver at the main place of business, a statement on the circumstances of the driver at the main place of business, and a detailed attachment;

1. Investigation report (Attachment of a detailed statement of processing cases reported 112), investigation report (cases of making an inquiry into the damaged vehicle);

1. Application of Acts and subordinate statutes to photograph thief vehicles;

1. Article 329 of the Criminal Act (a point of view) for the crime, Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (a point of drinking), Article 152 subparagraph 1, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act for the crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of each sentence of imprisonment;

1. The aggravated punishment for concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes with the punishment that is heavier severe for larceny: Provided, That the lowest sentence of the punishment shall be prescribed for the crimes of violation of traffic laws on roads];

1. The Criminal Act for mitigation of quantity;

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