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(영문) 수원지방법원 성남지원 2016.03.21 2016고단207
절도등
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

[criminal records] On November 13, 2015, the Defendant was sentenced to ten months of imprisonment with prison labor for habitual larceny, etc. at the Sung-nam support center, which became final and conclusive on February 12, 2016.

[Criminal facts]

1. From July 19, 2012, the Defendant started with the bus stops located near the bus stops located in 862 Dong-dong, Sinpo-si, Sinpo-si on the same year.

7. On January 21, 201, Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, Gyeongpo-dong, without obtaining a driver's license from the section of approximately 35 km, up to the road on the road.

2. On November 24, 2012, the Defendant driven D Poter Cargo Vehicles without obtaining a driver’s license in the section of approximately 45 km from the street in front of “dol Logistics” located in 302-8, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, around November 25, 2011.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. Reporting on the detection of each stolen vehicle;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant Article of the Act and Articles 152 subparagraph 1 and 43 of the Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The latter part of Article 39(1) of the Exempted Criminal Act [In full view of the period of crimes, such as habitual larceny, violation of road traffic laws (unlicensed driving), etc., of which the judgment became final and conclusive, and the details, period, etc. of the crimes in this case, considering the fact that even if the crime in this case was committed simultaneously with each crime for which the judgment became final and conclusive, it appears that the sentence would not have been aggravated, and that the sentence would not have been aggravated in the judgment

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