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(영문) 의정부지방법원 고양지원 2015.05.22 2015고단551
절도등
Text

A defendant shall be punished by imprisonment for six 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

1. On September 4, 2014, the Defendant stolen the 86 market value of the oil pumps owned by the victim D at the construction site of Goyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul, and then stolen the 1,548,000 won of the 86 market value of the oil pumps owned by the victim D.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which is not covered by mandatory insurance for motor vehicles;

Nevertheless, on September 4, 2014, the Defendant operated a motor vehicle with the E-wing-feit type, which is not covered by mandatory insurance, on the roads adjacent to the Kuyang-gu Kuyang-gu Seoul Metropolitan City, Seoyang-gu, Seoul Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Investigation report (verification of the non-life liability insurance);

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 329 of the Criminal Act that selects punishment, Article 46 (2) 2 of the former Guarantee of Automobile Accident Compensation Act (Amended by Act No. 12987, Jan. 6, 2015); the main sentence of Article 8 (2) and the choice of imprisonment, respectively,

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishments for each crime);

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant was discovered while committing larceny using a large vehicle that was not covered by mandatory insurance and has the same criminal records.

(2) However, the execution of imprisonment was suspended by comprehensively taking account of the Defendant’s age, circumstances leading up to the crime, family relationship, and other various sentencing conditions, and the community service order was determined as ordered by the order, with a total of more than 10 years after the Defendant’s depth and the damage was recovered, and the crime of this case was committed after the lapse of 10 years after the Defendant was punished with the above criminal records.

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