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(영문) 창원지방법원 2015.02.13 2014고단3197
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On January 12, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, in the Seosan Branch of the Daejeon District Court on January 12, 201, and completed the execution of the sentence in the Daejeon Prison on May 25, 2012.

1. Around October 15, 2014, the Defendant: (a) discovered DNA car projecting vehicles owned by the victim C in front of the 216 parking lot located in Changwon-si, Changwon-si, 156, in front of the 216-dong-ro parking lot; (b) removed the correction device by putting them up into the key hole of driving seat; (c) opened a driver’s seat; and (d) brought about 1 fluor of fluor tobacco at the market price of the victim-owned in the vehicle; and (d) from that time, until November 11 of the same year, the Defendant habitually stolen property of KRW 4,32,000 in total seven times, including the list of crimes, from November 11 of the same year.

2. Around 03:00 on October 16, 2014, the Defendant driving a vehicle into the E Kawn-ray without obtaining a driver’s license in the section of about 15 km from the front side of the 881-lane Mangsan apartment at Changwon-si, Changwon-si, to the square of the same Simsan Masan-gu to the public parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. Evidence list Nos. 1 to 4, 8 to 14, 16, and 18 submitted by the Prosecutor

1. Before judgment: No. 19,21 of the above list of evidence;

1. Habituality of the judgment: Application of Acts and subordinate statutes to the larceny shall be recognized in light of the records of the crime, target of the crime, method of the crime, frequency of the crime, and the fact that the same kind of crime was repeated in a short period;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Habitual larceny: Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act (generality and choice of limited imprisonment);

(b) Unlicensed driving: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act.

1. Articles 35 and 42 of the Criminal Act among repeated offenders.

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