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(영문) 울산지방법원 2017.06.20 2016고단3828
절도등
Text

A person shall be punished by imprisonment with prison labor for not more than two months and for not more than two months for a crime set forth in the holding of the defendant.

Reasons

Criminal facts

On April 19, 2016, the Defendant lodged an appeal after being sentenced to two years of suspended execution for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Ulsan District Court, etc., and the judgment became final and conclusive on April 13, 2017.

"2016 Highest 3828"

1. On July 31, 2016, the Defendant: (a) committed theft by carrying a steel-frame 1 set of approximately KRW 200,000,00 in the E-witter’s market value, which was kept in custody at the victim D’s house located in Ulsan-gun C, Ulsan-gun; and (b) on July 31, 2016, at the victim D’s parking lot located in Ulsan-gun, the Defendant stolen.

2. Violation of the Road Traffic Act (Non-licensed driving) Defendant driving the said cargo at approximately 7.1km section of approximately 7.1km from the above place above the city of Ulsan-gun, Ulsan-gun, Busan-do, Busan-do, to the Taesan-do, Busan-do, Busan-do, without obtaining a driver’s license.

"2017 Highest 1498"

3. On April 21, 2017, the Defendant driven an E-Poter truck, which was not covered by mandatory insurance without obtaining a driver’s license, at a distance of about 5 km from the offside park in Ulsan-gu, Ulsan-gu to the nearest four kilometers in the blue-do, Ulsan-gun, Ulsan-do, Ulsan-do.

Summary of Evidence

"2016 Highest 3828"

1. Statement by the defendant in court;

1. Written statements of D;

1. Domestic history report and photographs, and the register of driver's licenses for motor vehicles "2017 Highest 1498";

1. Statement by the defendant in court;

1. Inquiry into the ledger of driver's licenses, mandatory insurance, and making inquiries into the automobile register;

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiry about criminal history;

1. Article 329 of the Criminal Act in relation to the facts constituting an offense, Article 152 subparagraph 1 of the Road Traffic Act, Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, and the main sentence of Article 8 of the same Act (in relation to the operation of a vehicle with no mandatory insurance)

1. Selection of each sentence of imprisonment;

1. Article 37 of the Criminal Act to treat concurrent crimes: Provided, That Article 39 (1) of the said Act (as to the crimes No. 1 and 2 of the said Act);

1. Grounds for sentencing of concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (only between crimes of No. 1 and 2 as indicated in the holding and crimes of No. 3 as indicated in the holding);

1. The scope of punishment recommended for sentencing guidelines (limited to larceny) shall be general property;

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