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(영문) 부산지방법원 2014.09.03 2014고정2364
절도등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On May 2, 2014, the Defendant was sentenced to two years of imprisonment and a fine of 450,000 won in the Busan District Court for a crime, such as violation of the Punishment of Violences, etc. Act, and the judgment became final and conclusive on May 10, 2014.

1. On April 17, 2013, at around 22:00, the Defendant and B discovered one ElimVF 1 unit in the market value equivalent to KRW 600,000, which was parked by the victim D in front of Busan Dong-gu, Busan. B put the key in a kib box, and the Defendant driven the kib.

Accordingly, the Defendant committed a theft of the victim's property in collusion with B.

2. Violation of the Road Traffic Act;

A. The Defendant, at the same time and place as referred to in the preceding paragraph, driven a 15 km drive without obtaining a motorcycle driver’s license for a motorcycle, which was stolen, near the Madsan Elementary School in Busan Northern-dong.

B. On April 30, 2013, the Defendant driven a 15 km driver’s license without obtaining a motorcycle driver’s license from the Republic of Korea, which was located in the Madern-dong, Busan, the Madern-dong, Busan, to the alley-dong located in the Maddong-dong, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning B;

1. Each police statement made to D, F, and G;

1. Registers of driver's licenses;

1. Records of seizure and the list of seizure;

1. A report on investigation (a report on the situation, etc. at the time of inspection);

1. Previous convictions: Application of respective statutes to criminal records, Busan District Court 2013No1400, 2013No302 (Consolidation), 2013No4293 (Consolidation), 2014 Highest9629, 2013 Highest 1206 (Consolidation)

1. Relevant Article 329 of the Criminal Act, Articles 329 and 30 of the Criminal Act, Article 154 subparagraph 2 of the Road Traffic Act, and Article 43 of the Road Traffic Act, the selection of fines for each of the crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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