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(영문) 부산지방법원 2018.08.14 2017고단4681
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for a year and February of one year and a fine of 300,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to two years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Suwon Franchi, on January 25, 2007, and was sentenced to three years and six months of imprisonment with prison labor for the same crime at the Seoul Northern District Court on June 16, 2009. On July 25, 2013, the Seoul High Court sentenced the Defendant to three years and six months of imprisonment with prison labor for the same crime at the Seoul Northern District Court on July 25, 2013, and completed the execution of the sentence at the said Jeju District Court on June 30, 2016.

[Criminal facts]

1. On May 17, 2017, the Defendant wishes to purchase 125 Obamas from the victim D, operated by the victim D in Busan Dong-gu, Busan around 16:30 on May 17, 2017.

On the other hand, the driver tried to see that he was the victim's driver, and driving the above Oral Ba as it is, thereby thefting the above Oral Ba amounting to KRW 2.5 million at the market price of the victim's possession.

2. On May 17, 2017, the Defendant, at around 16:30, driven a 125 duba, a motor device license in the section of about 20 km, without obtaining a motor device license from the 82-ro, Jindo, Busan to the 11-distance, Jindo, Jindo, Busan to the 82-ro, Seopo-gu, Busan around the Dopo-ro, Dopo-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police seizure records;

1. The driver's license ledger;

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

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes for the Crime, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes for the Selection of Punishment, Article 329 of the Criminal Act (abstinence), Article 154 subparagraph 2 of the Road Traffic Act, and Article 43 of the Road Traffic Act (abstinence of a license for the

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

1. Reduction of volume (with respect to imprisonment), Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (with respect to circumstances in which the following sentencing is considered favorable in terms of the amount of punishment)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order

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