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(영문) 서울남부지방법원 2013.10.28 2012고합167
절도등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On July 22, 2011, the Defendant was issued a summary order of 1.5 million won for a crime of violation of the Road Traffic Act at the Seoul Southern District Court on July 2, 201, and on October 12, 201, issued a summary order of 3.5 million won for the same crime from the father branch of the Incheon District Court on October 12, 201, and the records of drinking driving are also added once.

1. Around 18:00 on February 27, 201, the Defendant, while under the influence of alcohol at a 0.084% of blood alcohol concentration, driven a d blue truck in the section of approximately 3 kilometers in the direction of the road before the new construction site of a multi-family house C in front of the frequency of “sea at the sea” in the vicinity of the Cheongjin-gun, Gyeongjin-gun, Incheon, the Heagu Office of the Cheongjin-gun, the Hea-gun, the Gyeongwon-gun, the Hea-gun,

2. A theft Defendant: (a) around 20:00 on January 27, 201, at the construction site of the instant C multi-family house; (b) at the construction site of the instant C multi-family house, the Defendant stolen a total of 87 square pipes (one meter in length and five centimeters in diameter) owned by the victim E (totaling KRW 996,00 in the market value) by loading the cargo onto the vehicle between driving and driving.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. A report on detection of a host driver and a criminal investigation report;

1. A written estimate of goods;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 of the Road Traffic Act, and Article 329 of the Criminal Act concerning criminal facts;

1. Grounds for sentencing among concurrent crimes, Article 37 (former part), Articles 38 (1) 2 and 50 (Aggravation of concurrent crimes with the punishment prescribed for larceny heavier than that prescribed) of the Criminal Act;

1. Scope of the statutory penalty of all crimes: One year to nine years; and

2. There is no sentencing criteria for the crimes of violation of the Road Traffic Act in the judgment of the scope of recommendations according to the sentencing criteria for larceny among the total crimes;

[Types of Crimes] Larceny (Type 1), such as theft and neglect of general property, etc. [Special Convicted Persons] Mitigation element: Living penalty [the range of recommending punishment] mitigated area (one month to six months of imprisonment).

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