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(영문) 광주지방법원 순천지원 2016.06.02 2015고단2215
특수절도등
Text

1. Defendant A shall be punished by imprisonment for 8 months and a fine of 300,000 won;

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 29, 2015, the Defendants: (a) discovered X-si (125CC) at the market price of the victim C, which was parked on the street near the 178-ro 178-ro, Jin-ro, Chungcheongnam-do on September 29, 2015; and (b) started flying off the electric wires on the part of the kbbbb Park in a way that they came up by linking the inner line of the ship with each other in a way that they came up by discovering the wire wires of the kbox by taking advantage of the gap where the victim’s surveillance was neglected.

As a result, the Defendants committed the theft of the above Oral Ba together.

2. On the road traffic law (unlicensed driving) Defendant A driven the above diaba without a motor device license in a section of about 10 km from the front side of the 10km section to the front side of the laba in the case of the remaining in the time and place of the above paragraph 1.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on internal investigation reports (related to the change of ozone layers);

1. Relevant legal provisions and the defendant A who has selected a punishment for a crime: Article 331 (2) and (1) of the Criminal Act; Article 154 subparagraph 2 of the Road Traffic Act; Article 43 of the Road Traffic Act [Selection of a fine for a crime that violates traffic laws (unlicensed driving)] Defendant B: Article 331 (2) and Article 331 (1) of the Criminal Act;

1. Small-scale mitigated Defendants: Articles 53 and 55(1)3 of the Criminal Act

1. A aggravated criminal defendant: The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the Criminal Act;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of protection observation and community service order: Article 62-2 of the Criminal Act;

1. Defendant A: The Defendants on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act are sentenced to one year of imprisonment with prison labor for special larceny, etc. and two years of suspended execution, and commit the instant crime during the suspended execution period, and the nature of the instant crime is not good.

However, in consideration of the fact that the number of crimes is one time, agreed with the victim, etc., the punishment shall be determined as per the order.

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