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(영문) 울산지방법원 2018.04.10 2018고단103
절도등
Text

A defendant shall be punished by imprisonment for seven months and a fine of thirty million won.

When the defendant does not pay the above fine.

Reasons

Criminal facts

1. The Defendant: (a) confirmed the post that the victim C sells the stove in the “stove,” which is a mobile phone pole; (b) contacted the victim with the victim; and (c) committed a theft as if the victim purchased the stove.

At around 14:00 on October 25, 2017, the Defendant: (a) sent the victim from trading on the street in front of the 13-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong, and (b) sent one resident registration certificate and one KB cash card-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong, and (c)

Accordingly, the defendant stolen the victim's property.

2. On October 25, 2017, from around 14:00 to around 14:40 of the same day, the Defendant driven the above lebane without obtaining a motor device license within the section of about 25 kilometers from the front side of the front side of the 13th Dong-dong, Dong-dong, Dong-dong, Yangsan-si to the front side of the 14:40 of the same day without obtaining a motor device license from around 25 kilometers to the front side of the west-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Police seizure records;

1. The driver's license ledger;

1. Each internal investigation report (including supplementary data), each investigation report (including supplementary data) legislation shall apply;

1. Relevant legal provisions concerning the crime and the larceny of the option of punishment: Article 329 of the Criminal Act; Operation of a license without the option of imprisonment: Article 154 subparagraph 2 of the Road Traffic Act; Article 154 and Article 43 of the Road Traffic Act; and Selection of a fine;

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

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Application of the sentencing guidelines for larceny [Determination of Type] 3 (Determination of the area of recommendation] Basic area of larceny (Determination of the area of recommendation] [the scope of recommendation] from August to two years [the person who is subject to general sentencing] - Whether there is no record of criminal punishment of mitigation elements [the suspension of execution].

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