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(영문) 창원지방법원 통영지원 2015.05.15 2015고단270
절도등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 30, 2015, around 11:43, 2015, the Defendant intrusiond the victim’s residence by entering the house through the entrance door open with the think that he steals the property from the victim D’s house located in Yong-si, Chungcheongnam-do.

2. A thief: (a) around 11:43 on March 30, 2015, the Defendant: (b) entered the victim D’s house located in Chungcheongnam-gu, Gyeong-nam, through G; and (c) cut off the cash amount of KRW 4,300,00 in the victim’s house located in the said plastic storage room’s table.

3. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a vehicle with an A-to-purd motor vehicle.

No one shall operate any motor vehicle which is not covered by mandatory insurance on a road.

Nevertheless, on March 22, 2015, the Defendant operated the foregoing vehicle, which was not covered by mandatory insurance from around March 22, 2015 to March 30, 2015, in the Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Records of seizure and the list of seizure;

1. Each report on investigation;

1. Perusal of each photograph, register of automobiles, and application of Acts and subordinate statutes of the Mandatory Insurance Association;

1. Relevant legal provisions concerning facts constituting an offense, Articles 319 (1) and 329 of the Criminal Act that choose a penalty, Article 46 (2) and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment with prison labor, respectively;

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

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of recommending punishment according to the sentencing guidelines - thief: thief for general property in the area of special mitigation (from April to January) (the area of special mitigation): Livelihood crimes, no penalty is imposed - Violation of the Guarantee of Automobile Accident Compensation Act, and no sentencing guidelines exist;

2. Determination of sentence - Unfavorable circumstances: the same kind of crime as the theft.

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