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(영문) 춘천지방법원 강릉지원 2020.04.03 2019고단1409
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

On November 28, 2019, the Defendant: (a) around 02:35 on November 28, 2019, 202:35, the Defendant: (b) opened a string window with no locking device and intruded into a string, thereby cutting off approximately KRW 100,000,000,000 in total owned by the victim D and stolen them.

The Defendant, at around 21:40 on December 12, 2019, driven an I-A-di vehicle at approximately 6 km from the F-ro in E in the East Sea to the H convenience store in the East Sea without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (verification and notification of the revocation of driver's license);

1. Registers of driver's licenses, and car4;

1. Application of Acts and subordinate statutes on CCTV-cap photographs;

1. Relevant Article 30 of the Criminal Act, the choice of punishment for the crime, Article 330 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. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes within the scope of adding up the long-term punishment of two crimes, which is determined in the night structure, intrusion, and larceny heavier punishment);

1. Suspension of execution under Article 62 (1) of the Criminal Act (Subject to taking part in probation and compliance driving lectures in consideration of the fact that the defendant voluntarily surrenders to the crime of larceny at night, the confession of the crime of larceny without a license, and the fact that the victim D and only agreed to do so);

1. Article 62-2 (1) and (2) of the Criminal Act of the Act on Probation and Order to Attend Courses;

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