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(영문) 대전지방법원 천안지원 2013.08.12 2013고단876
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 12, 2010, the defendant was subject to the ruling of protective disposition on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes by the Cheongju District Court on 5 times as well as the ruling of protective disposition on the same crime.

1. Around 17:50 on February 15, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (thief) opened a string door door at the victim E-owned market value of approximately KRW 1.5 million owned by the victim E, who stopped in front of the “D” restaurant located in Dong-gu, Nam-gu, Dong-gu, Dong-gu, Seoul, and opened a string door and opened a string door at the driver’s seat, and opened a string door by using a string in the string, and brought about a 20,000 won car, which is the victim’s ownership at the 20,000 won.

As a result, the Defendant habitually stolen the cargo vehicles and the horses from that time until July 4, 2013, and then stolen the victims' property on four occasions, such as the list of crimes in the attached Table 1.

2. On February 15, 2013, from around 17:50 to around 21:00, the Defendant driven a F Poter truck without obtaining a driver’s license from the above “D” restaurant from around 17:50, to the vicinity of the Seo-gu, Seoan-gu, Seoan-gu, west-gu.

Accordingly, the Defendant, from July 4, 2013, driven a motor vehicle without obtaining a driver's license from that time to July 4, 2013, without obtaining a driver's license of the motor vehicle for four times as shown in the attached Table 2.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H, I, E, and J;

1. Previouss before ruling: Criminal history records, inquiry reports, and investigation reports;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Relevant provisions concerning facts constituting an offense;

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