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(영문) 청주지방법원충주지원 2020.08.14 2020고단149
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 16, 2016, the Defendant sentenced six months to imprisonment for a violation of the Road Traffic Act (driving) in the Cheongju District Court's Assistance, etc., and completed the execution of the sentence in the official prison on October 15, 2017.

1. On November 1, 2019, the Defendant: (a) around 01:06, the Defendant: (b) opened a window that was not locked by the Defendant; (c) went into the door; (d) opened and intruded into the door; and (d) opened up a vehicle at the market price of the victim’s possession at the home of the victim, where the victim was placed on his/her table, while printing away stolen property.

At around 02:10 on the same day, the defendant continued to get on the EM5 car owned by the victim, which was parked on the road in front of the side by using the above smart key, and continued to drive it.

Accordingly, the defendant invadedd a structure at night and stolen the victim's property.

2. Around 02:10 on November 1, 2019, the Defendant operated an ES5 vehicle without obtaining a driver’s license from a section of about 2 km from the Dda road located in the Dang-gun B, Chungcheongnam-gun, Chungcheong-gun, to the GUF road.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. One on-site photograph and CCTV image CD;

1. The police seizure record and the list of seizure;

1. Results of car driving licenses inspection, automobile registration certificates;

1. Previous records: Application of Acts and subordinate statutes on criminal records, correspondence records and personal confinement status;

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), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (the points of driving without a license and the choice of imprisonment);

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the crime is committed during the period of repeated crime for the reason of sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act, and multiple-choice imprisonment is only imprisonment.

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