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(영문) 광주지방법원 2018.06.12 2018고단1379
절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On January 16, 2018, around 23:00, the Defendant: (a) opened a driver’s seat not locking out of the victim B, the victim B, who is likely to have a new launch for Spain, such as Nos. Spanish, inside the 359-ro, Spanish-gu, Gwangju Mine; and (b) cut off the front line with the front line.

As a result, the Defendant stolen the property amounting to KRW 115,00,000, 15,000,000, the market price of which is equivalent to KRW 15,000,00, 200, 15,000, 200, 200, 300, 300.

2. On January 16, 2018, the Defendant: (a) driven a truck for traffic business, as provided in paragraph (1), without obtaining a driver’s license, from approximately 4-5 meters in the section of approximately 4-5 meters from the 359-ro gam in Gwangju Mine-gu, Gwangju, to the front road of the 375-day gambro, 01:58 on the following day; (b) around 23:0, the Defendant used a truck for traffic business, which was stolen as provided in paragraph (1) without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. On-site photographs;

1. Application of the detailed Acts and subordinate statutes on driver's license;

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. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

(a) Conditions favorable: The defendant recognized the instant crime and reflected his mistake; the defendant's judgment at the Gwangju District Court on March 30, 2018 at the same time is rendered four years of imprisonment with prison labor due to robbery injury, etc.; and the fact that the truck and the motorcycle return were made.

B. Unfavorable conditions: the Defendant had already been punished several times due to theft and unlicensed driving before the instant case, and the Defendant again committed the instant crime without being aware of it.

(c)the age, sex, environment of the defendant;

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