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(영문) 청주지방법원 충주지원 2017.03.28 2017고단22
절도등
Text

A defendant shall be punished by imprisonment for 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 December 15, 2016, the Defendant, at around 12:00, started the residence of the Defendant in the Chungcheongbuk-si, Chungcheong-si, Chungcheong-si, Chungcheong-si, Chungcheongnam-si, without a valid license that is able to drive a motor vehicle in approximately 8km section of the “E” in the same Chungcheong-si, Chungcheong-si, and continuously driven the same car rental car in the same section of about 8km from the above “E” restaurant to the above Defendant’s residence.

2. A theft: (a) around 13:40 on December 15, 2016, the Defendant: (b) committed meals in “E” restaurants located in “E” in the Chungcheongbuk-si, Chungcheongbuk-si; (c) was stolen by means of reporting 1,00,000 square meters of the market price owned by the victim G, which was kept in the new launching-si.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Detailed driver's license details;

1. Photographs, etc. of seized articles;

1. A list of seized articles;

1. Reporting on the arrest of a case;

1. Application of the statutes regarding seizure records, list of seizure, and evidence;

1. Article 329 of the Criminal Act applicable to the facts constituting an offense (a point of Section 329, choice of imprisonment), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (a point of driving without a license and a choice of imprisonment);

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. The reason for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation was four times the Defendant was punished for larceny. On January 29, 2016, even if the Defendant was sentenced to imprisonment for four months or one year of suspended execution due to driving without a license on driving on January 29, 2016, the instant crime was committed again, and thus, the risk of recidivism is very high, and thus, a strict

However, the punishment shall be determined as ordered in consideration of all the conditions of sentencing, such as the defendant's age, sexual conduct, environment, circumstances after the crime, etc., in consideration of the fact that the victim of theft is not subject to the punishment of the defendant, the judgment of the probation of the defendant's punishment is pardoned, and the defendant's age, sexual conduct, environment, circumstances of the crime, means and consequence, etc.

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