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(영문) 춘천지방법원 원주지원 2014.06.26 2014고단446
절도등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Power] On May 29, 2014, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the original Chuncheon District Court’s original branch on May 29, 2014, and the judgment became final and conclusive on June 6, 2014.

【Criminal Facts】

1. On February 4, 2014, at around 09:20, the Defendant discovered a DNA white c-type vehicle in the market value of 7 million won, which is the market value of the victim C parked on the street 19:00,000,000, 19:00,000 won, which is the victim’s own, and stolen the victim’s property by driving a dried coin, one iron bars, one steel bars, two handbrag, two automatic carber, two large flab, one large flaber, one medium flab, and two large flab, and one medium flap, etc., without correcting the foregoing vehicle’s total market value of five million won or more.

2. On February 4, 2014, the Defendant violated the Road Traffic Act (unlicensed driving) driving license between 09:20 to 10:30 on February 5, 2014, without obtaining a driving license. From the 19-7rd road of Eunpyeong-gu Seoul, Eunpyeong-gu, Seoul, to the front road such as the red-west delivery signal, etc. located in the south-do, Seoul, Seo-gu, Seoul, the Defendant driven the bridged vehicle of the victim, as described in the preceding paragraph, from around 10km to the front road.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Registers of driver's licenses;

1. Previous convictions: Criminal records, investigation reports (Attachment of judgments concerning concurrent crimes under the latter part of Article 37 of the Criminal Act) and application of statutes governing accompanying documents;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up long-term punishments);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the defendant has a criminal record related to theft and traffic several times.

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