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(영문) 대구지방법원 상주지원 2012.09.18 2012고단299
절도등
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. From May 26, 2012, around 22:40 on May 26, 2012, the Defendant: (a) committed theft with 20,000 won or more at the victim D’s chickens located in Ycheon-gun, Chungcheongnamcheon-gun; (b) the market price of the victim, which was 60,000 won.

2. Violation of the Road Traffic Act (Unlicensed Driving) driving of F10 c c obs without obtaining a motorcycle driver’s license in approximately 2 km section from the front of the defendant’s office in the Yacheon-gun, Yacheon-gun to the front of the above D’s chickens at the time and time specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and D;

1. Records and lists of police seizure;

1. Inquiry into driver's licenses;

1. Application of receipts, respective Acts and subordinate statutes

1. Article 329 of the Criminal Act corresponding to the crime, Article 154 subparagraph 2 of the Road Traffic Act, and Article 43 of the same Act concerning the crime;

1. Selection of each fine (Provided, That the defendant has already been punished by a fine of one million won for the same kind of crime during the period of suspension of execution due to the same crime, but has again been punished by a fine of one million won for the same crime, considering the minor damage caused by the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (total sum of amounts);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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