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(영문) 대전지방법원 공주지원 2014.05.02 2014고단71
절도등
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the defendant shall be sentenced to the above punishment for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Larceny;

A. At around 11:00 on November 26, 2013, the Defendant: (a) laid the Fpoter truck in the E nearby the victim D, located in Chungcheongnam-si, Chungcheongnam-si; (b) laid the Fpoter truck in advance; and (c) cut off the metal pentp 4,000 won at the front and rear of the warehouse.

B. On February 9, 2014, around 00:30, the Defendant: (a) laid the above cargo vehicle into the vicinity of the site construction site of the I company operated by the victim H in Sejong-si; (b) laid the vehicle in advance; and (c) laid down at least at least 50 malp, etc., at least 50 malp, where the market price at the above site cannot be known, loaded the cargo onto the above cargo vehicle.

2. From around 09:00 to around 11:00 on November 26, 2013, the Defendant: (a) from the road near the Defendant’s residence located in the Daejeon Seo-guJ to the road near the west-si, Chungcheongnam-si; (b) from around 00:0 to around 00:30 on February 9, 2014 to around 00:30:30 on March 20, 2014 to the road near Sejong-si, Sejong-si; and (c) from around 07:30 on March 20, 2014 to around Sejong-do, the Defendant driven the said cargo vehicle without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A H statement;

1. The ledger of driver's licenses;

1. Application of Acts and subordinate statutes to photographs of suspected vehicles, photographs of basin pumps, on-site photographs, reports on occurrence, and photographs of damaged field;

1. Relevant provisions of the Criminal Act and Articles 329 of the Criminal Act, the choice of punishment for the crime, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the point of driving without a license and the choice of imprisonment);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 of the Criminal Act:

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