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(영문) 창원지방법원 2016.09.08 2016고단1535
절도등
Text

A defendant shall be punished by imprisonment for six months and a fine of three hundred thousand won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be paid.

Reasons

Criminal facts

1. At around 14:30 on April 9, 2016, the Defendant stolen the property equivalent to the sum of KRW 760,000 in the market value, such as one dispute flag owned by the victim E, one inserted in the victim E, two inserteds, two periluor, two periluor, three iron manufacturers, etc., belonging to the Defendant, of "D" located in the window of Changwon-si, Changwon-si, by means of loading onto the cargo loaded on the four-wheeled motor bicycles, 125cc rapidly, owned by the Defendant.

2. Around 13:00 on April 9, 2016, the Defendant driven the said motor vehicle without obtaining a license for the motor vehicle in a section of approximately two kilometers from the 105 side of the window of Changwon-si to the front road of Changwon-si via the Doro “D”, which is located in the window C of Changwon-si from the front 105-si, to the front road of about 105-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on damage;

1. Application of the statutes on the register of driver's licenses;

1. Relevant laws, Article 329 of the Criminal Act, subparagraph 2 of Article 154, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Selection of a fine for the crime of violation of the Road Traffic Act and imprisonment with prison labor for selective larceny of punishment;

1. The former part of Article 37 and Article 38 (1) 3 of the Criminal Act to increase concurrent crimes;

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

1. A suspended sentence under Article 62(1) of the Criminal Act comprehensively takes into account the following factors: (a) details and methods of the crime of sentencing, the scale of damage, the history of the crime, and the reflection of the reason for sentencing; and

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