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청주지방법원 영동지원 2017.04.27 2015고단226

절도등

Text

A defendant shall be punished by imprisonment with prison labor for up to 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. Larceny;

A. On September 25, 2015, the Defendant: (a) discovered the F bargaining car owned by the victim E, who was not corrected, before the D pharmacy located in the Cheongdo-gun, Cheongdo-gun, Cheongbuk-do around 19:25 on September 25, 2015; and (b) drive the F bargaining car with the seat of the motor vehicle sticked within the said place, thereby thefting the said car in an amount of KRW 9.5 million at the market price.

B. (i) around 04:00 on September 30, 2015, the Defendant: (a) at the H Hospital Hospital No. 506, located in Cheongdo-gun G, Cheongdo-gun; (b) at the hospital, one head of the Tong and one resident registration certificate owned by the victim I used by the victim I, the patient who was hospitalized at the hospital; and (c) at the Cheongdo-In Agricultural Bank located in the same Eup on the same day 09:10, the Defendant stolen KRW 580,000 in cash against the intent of the manager of the said cash withdrawal period; and (d) at the Cheongdo-In Agricultural Bank located in the same Eup on the same day, the Defendant withdrawn KRW 580,000 in cash using the password prior to the head of the Tong Do-gun, the Defendant

2. On the date and time set forth in paragraph 1(a) of the Road Traffic Act, the Defendant driving a F bargaining car without obtaining a driver’s license from approximately 1 km from the J Center adjacent to the H Center located adjacent to the above D pharmacy, to the roads adjacent to G from the above D pharmacy.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and I;

1. Each report on internal investigation:

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

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, and the choice of imprisonment with prison labor for each type of crime;

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

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

4. Reasons for sentencing under subparagraph 2 of Article 2-3 and Article 44-2 of the Act on the observation of protection, medical treatment, medical treatment, custody, etc. and Article 2 of the Addenda.

1. Scope of the recommended sentences according to the sentencing criteria;

A. Each type of larceny [decisions] There is no two types of larceny (general larceny) (special sentencing factors) (special sentencing factors) (the recommended territory and sentence), and not less than six months of imprisonment.