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(영문) 청주지방법원 충주지원 2016.08.19 2016고단92
특수절도
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment with prison labor for one year.

However, this judgment is delivered to Defendant A.

Reasons

Punishment of the crime

[criminal history] Defendant A is a person who was sentenced to imprisonment for 8 months with labor for a violation of the Road Traffic Act (dacting driving) and a violation of the Road Traffic Act (dactless driving) at the Cheongju District Court on March 24, 2016, and on April 1, 2016, and the decision became final and conclusive on April 1, 2016.

[2016 Highest 92]

1. The Defendants conspired to use the joint crime (special larceny) with electric saws to cut trees owned by others as fire fighters.

On January 2016, around 10:00, the Defendants jointly cut down trees of the aggregate amounting to KRW 3.8,100,000 in the market price of KRW 1,50,000 in the market price managed by the victim D using each of the electric saws, and cut off the trees of KRW 3.8,000,000 in the market price of KRW 1,50,000 in the middle of 10,000,000 in the market price of KRW 5,00,000 in the middle of 20.

[2016 Highest 451]

2. Defendant B’s sole crime (driving of alcohol) committed on June 9, 2016, the Defendant driven F lusing Cargo Vehicles while under the influence of alcohol leveling 0.196% without a vehicle’s driver’s license at approximately 1.5km from the road front of the lasing site located in the training-dong in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, to the road front of the market.

Summary of Evidence

[2016 Highest 92]

1. Defendants’ respective legal statements

1. Each police statement made in relation to G or D;

1. On-site photographs and photographs of electric saws (2016 high group 451);

1. Defendant B’s legal statement

1. A driver's license inquiry;

1. Notification of the results of regulating the driving of alcohol and a statement in the circumstances of the driver who takes the driving of alcohol;

1. The application of the Act and subordinate statutes to inquiries, such as criminal history;

1. Defendant A of the pertinent legal provision pertaining to the crime: Article 331(2) and Article 331(1) (a) (a) of the Criminal Act; Article 331(2) of the Criminal Act; Article 148-2(2)2 and Article 44(1) (a) of the Road Traffic Act; Article 152 subparag. 1 and Article 43 of the Road Traffic Act (a non-licensed driving)

1. Defendant B with ordinary concurrence: Criminal Act.

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