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(영문) 전주지방법원 군산지원 2018.08.17 2018고단437
절도등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] On July 21, 2016, the Defendant was sentenced to 10 months of imprisonment for a violation of road traffic laws at the Changwon District Court on July 21, 2016, and was released on June 23, 2016 in a Young Prison on parole on parole on the execution of the sentence, and the parole period passed on February 3, 2017.

[Criminal facts]

1. On August 9, 2017, at around 07:00, the Defendant discovered 5 oil tank around the victim C-owned around the oil and found 5 oil tank through a cresh in which surveillance was neglected due to the absence of any cresh at the site of the sudden slope maintenance construction work in Yasan City B, and then stolen one of them by inserting it into D, one of which is one’s own vehicle.

2. The same year from around 06:30 on August 5, 2017, the Defendant violated the Road Traffic Act (unlicensed driving).

8. By August 8, 200, from the roads E to the construction site specified in paragraph 1, from the construction site of paragraph 1 to the Hasan-si, the Defendant-owned D cargo vehicle without obtaining a driver’s license from the section of approximately 106 km from the construction site of paragraph 1 to the Hasan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Inquiries into the license ledger;

1. Previous convictions: Application of criminal records and investigation reports (verification of the date of release)-related Acts and subordinate statutes;

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Code for the purpose of punishing concurrent crimes are all recognized; the chief of the site office of the construction company that is the victim of larceny does not want the punishment of the defendant; the value of stolen goods is only 24,720 won; the defendant was sentenced to imprisonment with prison labor for not less than 10 months for the execution of the sentence without a license driving and was released for more than 6 months; and the defendant was granted a non-license again for more than 6 months during the execution of the sentence without a license driving. In particular, 4 times a non-license.

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