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(영문) 전주지방법원 2018.03.08 2018고단45
절도등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant was aware that the victim C was not in custody of cash in a passenger car with a view to theft.

On December 13, 2017, at the E parking lot located in Seojin-gu Seoul Special Metropolitan City around 19:35 on December 13, 2017, the Defendant parked FJD car in the side of the G Kafa car owned by the victim, and then, the Defendant left the Kafa car free will to drive the said Kafa car due to the emergency escape network, and then left the Kafa car, put the body into the upper body, put it back into the upper body, and loaded the Gafa with cash of 3.2 million won, which is owned by the victim who is between the driver and the chief chair, and loaded it into the Dofa car.

Accordingly, the defendant stolen the victim's property.

2. The Defendant damaged the property in such a way that the repair cost would amount to KRW 100,000,000,000 for an emergency escape network, such as the date and time set out in paragraph 1, at the place mentioned above, by destroying the free will of driving car in the car.

3. On December 13, 2017, the Defendant, without a driver’s license, driven the said car at a section of about 30 km of the road in front of the starting point of the 5-6 km in the city of Jeonju-si, the mountain-do 6-6, the mountain-do 15-6, Jeonju-si, Jeonju-si without a driver’s license, via a day-to-day zone in the city of Jeonju-si from the street-to-day parking lot to the 62-day, the same river from the street-to-day 30 km.

Summary of Evidence

[Judgment]

1. Statement by the defendant in court;

1. Each police statement made to C and H;

1. Police seizure records and list of seizure;

1. Application of the Acts and subordinate statutes concerning photographs and estimates of damaged automobiles, CCTV, etc.;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime (section 329 of the Criminal Act), Article 366 of the Criminal Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, and the choice of imprisonment with prison labor;

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

1. Grounds for sentencing under Article 62(1) of the Criminal Act ( considered favorable circumstances among the following grounds for sentencing)

1. The scope of applicable sentences under law: Imprisonment with labor for a period from one month to nine years.

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