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(영문) 대구지방법원 상주지원 2015.04.07 2015고단47
절도등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Larceny;

A. On November 4, 2014, from around 21:00 to 22:00, the Defendant: (a) laid down a cre in which surveillance was neglected in the instant field at the victim C, located in B, from around 21:00 to around 22:00; (b) 20 km, which was prepared in advance, after sowing the cresh in which the cresh was put on the tree, was loaded in three boxes and loaded into the D one ton of cargo; and (c) stolen the spash, which is the victim’s possession of approximately KRW 39,000, market price.

B. On November 7, 2014, around 02:30, the Defendant discovered that the victim had a sprink and covered it in the spice field of the victim E located in B at the time of stay, and that the victim had a sprinked, and that he had prepared in advance the sprink 19 boxes, carried the said sprink 20 gg in the sprink 19 and stolen the sprink, which is the victim’s possession of approximately KRW 247,00,00 in the market price.

2. Violation of the Road Traffic Act;

A. On November 4, 2014, the Defendant, without obtaining a driver’s license, driven a d1 ton truck in the section of approximately 40 km from the Central Market in front of the central market road and the d1 ton truck in the section of about 40 km after residing in the central market at around 21:00.

B. On November 7, 2014, the Defendant, without obtaining a driver’s license, driven the said D1 ton truck in the section of approximately 45 km by going to and from the central market in front of the central market road and the permanent address B, etc. at the time of stay at around 02:30 on November 7, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. C’s statement;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, and the choice of imprisonment without prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc. [Scope of Recommendation] of the punishment of larceny for general property. The basic area (6 to 1 year and 6 months) of types 2 (general larceny) (6 months) is nonexistent.

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