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(영문) 창원지방법원 밀양지원 2018.11.08 2018고단452
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. On June 8, 2018, the Defendant: (a) committed theft, on the grounds that agricultural branch offices located in the area of 412, Nannam-gun, Nannam-dong, Nannam-dong, Nannam-gun, Nannam-gun, and instead of agricultural branch offices located in the area of 300,000,000 won in cash on the date of automatic entry into and exit from the area; and (b) cut off, one wall with which the market price of 300,000 won

2. On June 8, 2018, the Defendant, who violated the Road Traffic Act (unlicensed Driving), driven a vehicle Cone Starex without obtaining a driver’s license from around 400 meters in the section of approximately 400 meters prior to the 389-dong, Nam-gun, Chungcheongnam-gun, Seoul, without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Detailed statement of transactions;

1. CCTV images to be cut;

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 (a point of Section 329 of the Criminal Act), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (a point of driving without a license) and the choice of imprisonment, respectively;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as the observation of protection, order to attend lectures and order to provide community service;

1. Scope of punishment recommended according to the sentencing criteria (the crime of larceny);

(a) One type (the theft, such as abandoned water) in the mitigation area (one month to six months) in respect of general property, the scope of punishment of which is recommended;

(b) No punishment for special mitigation is imposed;

C. However, since the sentencing criteria are not set for the crimes of violating the Road Traffic Act (unlicensed driving), only the lower limit of the above sentencing range shall be considered.

2. According to the decisions of sentence, the sentencing conditions stated in the records, such as the following circumstances and the Defendant’s age, environment, motive, means and consequence of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission

Conditions unfavorable: The victim wishes to be punished for the defendant in favor of the fact that he/she has been punished several times due to a violation of the Road Traffic Act (unlicensed driving):

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