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(영문) 전주지방법원 군산지원 2015.11.16 2015고단769
특수절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 3, 2011, the Defendant was sentenced to imprisonment with prison labor for larceny and violation of the Road Traffic Act (unlicensed Driving) in the Jeonju District Court's Military mountain support on November 3, 201, and completed the execution of the sentence on August 21, 2012.

[2015 Highest 769]

1. A special larceny Defendant, along with D, stated the facts charged in the victim F in Gunsan-si E around June 4, 2015 as “G” but seems to be erroneous.

The owner entered a store, which is the victim's farm, carried 35,00 won of the market value (6.53 km) from the tree owned by the victim to the H Poter cargo owned by the defendant, which is located in a remote area, in advance in a remote area, and was loaded into the H Poter's cargo.

Accordingly, the defendant stolen the victim's property together with D.

2. Around 00:20 on June 4, 2015, the Defendant: (a) driven a H Poter Cargo at a section of about 6 km from the first road in Gunsan-si to the lighting tunnel in the same city, without obtaining a driver’s license.

[2015 J. 00:05 on July 23, 2015, the Defendant used any gapss on the 101-dong rooftop of K apartment 101, which the Defendant, a security guard, worked as the Defendant, and stolen the Defendant’s freight onto H Poter, a joint owner of an apartment resident, who was in custody by the victim L, who was in custody of the said apartment management manager.

Summary of Evidence

[2015 Highest 769]

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. The police statement concerning F;

1. Police seizure records;

1. The register of driver's licenses (2015 Height781);

1. Defendant's legal statement;

1. Statement of the police concerning L/C (pre-trial record on the market);

1. Criminal records, inquiry reports, and copies of written judgments;

1. Application of Acts and subordinate statutes on the current status of individual reduction/Incarceration;

1. Relevant legal provisions concerning criminal facts, Article 331(2) and (1) of the Criminal Act (the occupation of larceny), Article 329 of the Criminal Act, Article 152 of the Road Traffic Act (the choice of imprisonment and the choice of imprisonment).

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