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(영문) 의정부지방법원 2016.04.07 2015고단4481
절도등
Text

A defendant shall be punished by imprisonment with prison labor for four months and by a fine of thirty million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On February 1, 2012, the Defendant: (a) cut off a ice dives plate installed by the victim C in front of the “ice ice Track Factory” in the Dondong-dong, Donyang-si, Namyang-si, Donyang-do; and (b) cut off with a V percentage at the same time.

2. On February 3, 2015, the Defendant unlawfully used the number plates of air womers, attached to his 50c c code c c code, with the intent to use the d number plates that stolen, as set forth in paragraph 1, at the underground parking lots No. 103 Dong-si, Gui-si, 103 Dong 101.

3. On August 1, 2015, the Defendant, from around 18:00 to the 229 new bank in the direction of the Chang-dong, Do in the Guri-si, on August 1, 2015, driven approximately 1km section from around 18:0 to the front road of the 229 new bank, without the Defendant’s driver’s license, and exercised the illegal-use air such as paragraph (2).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Police seizure records;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Criminal Act, Article 329 of the Criminal Act that provides for the choice of punishment (abstinence, a sentence of imprisonment), Article 238 (1) and (2) of the Criminal Act (abstinence, unlawful use, and the exercise of air defense in illegal use), Article 152 subparagraph 2 of the Road Traffic Act, and Article 43 of the Road Traffic Act (abstinence, an occupation of driving without a license, and an option of fines);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the victim C does not have to be punished against the defendant, that there is no record of criminal punishment exceeding the fine, and the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc. are taken into consideration and determined as the order.

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