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(영문) 전주지방법원 군산지원 2019.08.30 2019고단385
절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who has no fixed occupation.

1. On February 8, 2019, at around 15:21, the Defendant: (a) opened a door in front of the “C” restaurant located in the Dasan-si B; (b) opened a door at which the market value of the victim D owned by the victim parked therein is not corrected by KRW 2,00,000; and (c) driven the said truck using the vehicle heat in that door.

Accordingly, the defendant stolen the victim's property.

2. Around February 15:21, 2019, the Defendant: (a) driven a e-mail vehicle without obtaining a driver’s license at a section of about 12 km from the street in front of the cafeteria to the G parking lot located in the west-gun F.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Detailed details of the driver's license;

1. Application of the Acts and subordinate statutes on screen pictures following a CCTV closure;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, the selection of imprisonment without prison labor;

1. Among concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is that the defendant was sentenced to the suspension of the execution of imprisonment for the same kind of crime, and the defendant committed the crime in this case during the grace period. The fact that the defendant was sentenced several times of punishment for the same kind of crime is an unfavorable sentencing factor, and the stolen vehicle has returned to the victim and the victim did not want the punishment by agreement with the victim, consideration of the age, character, character, health conditions, the circumstances of the crime, results

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