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(영문) 의정부지방법원 2020.11.18 2020고단4825
절도등
Text

A defendant shall be punished by imprisonment for a period of four months and a fine of two hundred thousand won.

When the defendant does not pay the above fine.

Reasons

On October 24, 2018, the Defendant had been sentenced to one year of suspension of the execution of imprisonment with prison labor for special larceny, etc. at the District Court of the Republic of Korea on July 11, 2019, which was revoked on July 11, 2019 and completed the execution of the sentence on March 11, 2020.

Punishment of the crime

1. At around 04:00 on May 13, 2020, the Defendant: (a) had 400,000 won of the market price of the victim AC (the age of 36) who was parked in a parking lot of the AB building AB by using only fluorous heat (hereinafter “mariw”); and (b) had one fluor (CA110V).

Accordingly, the defendant stolen another's property.

2. On May 13, 2020, the Defendant driving a bicycle without obtaining a motor device driver’s license from around 04:00 to around 07:00 on May 13, 202 without obtaining a motor device driver’s license from around 15 km in the transmission section of Soon-Eup, Soon-Eup.

Summary of Evidence

1. Defendant's legal statement;

1. AC’s written statements, receipts for purchasing damaged articles, etc., and report on internal investigation (on-site inspection, etc.);

1. The records of seizure and the list of seizure (a defendant's defense counsel asserts that the defendant's ability to assume is weak because of his low intelligence, and the defendant's defense counsel claims of mental and physical disability, etc., but there is no evidence to acknowledge such claim, and thus

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 154 subparagraph 2 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 3 and 50 of the Criminal Act;

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, committed the instant crime at the time when the execution of punishment was completed on March 11, 2020 and the two months have not elapsed since the sentence was completed.

However, the damaged article of larceny has been returned to the victim.

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