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(영문) 광주지방법원 순천지원 2013.04.17 2012고단3421
특수절도등
Text

Defendants shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Defendant

A was sentenced to two years and eight months of imprisonment by the Gwangju High Court on October 23, 2008 due to murder, attempted murder, violation of the Road Traffic Act (free License), etc., and completed the execution of the sentence in the Heung prison on June 25, 201. On May 28, 2010, Defendant B was sentenced to eight months of imprisonment for violation of the Road Traffic Act (free License) from the Gwangju District Court’s Net Branch on April 27, 201 and completed the execution of the sentence in the Heungcheon prison on April 27, 201.

1. Around 07:00 on July 19, 2012, the Defendants were waiting for the Defendant B to drive a ewing-fran vehicle on the street in front of the D Building, Goung-gun, Goung-gun. Defendant A committed a theft by carrying a product of approximately 300,000 won at the victim F-owned market price into the above ewing-fran vehicle.

2. Violation of the Road Traffic Act;

A. At around 12:30 on July 19, 2012, Defendant A, without a vehicle driver’s license, driven a E-wing truck from the street in front of the Green wave to the road in front of the street resources in the same Eup/Myeon-ri located in the Namnam-gu, Chungcheongnam-gu, Chungcheongnam-do.

B. From around 06:30 on July 19, 2012 to 12:00, Defendant B, without a driver’s license, driven the freight vehicles stated in the foregoing paragraph (a) at approximately 30 km away from the front side of the third pharmacy distance in the southnam-gu, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-gu, Seoul to the front side of the D building again via a road in front of the D building.

Summary of Evidence

1. Defendants’ legal statement

1. The statement of each police officer made to F and G;

1. The register of driver's licenses;

1. Before judgment: Application of the relevant Acts and subordinate statutes to each criminal record and each result of confinement of prisoners;

1. Relevant provisions of the Criminal Act and Articles 331(2) and (1) of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving without a license and the choice of imprisonment);

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

1. The former part of Article 37 and Article 38(1) of the Criminal Code among concurrent crimes

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