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(영문) 전주지방법원 정읍지원 2018.11.20 2018고단298
절도등
Text

A defendant shall be punished by imprisonment for nine months.

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

1. The Defendant is a thief who served as an employee of “D” operated by C.

On April 7, 2018, the Defendant: (a) stolen D material warehouses located in Jung-gu, Jung-gu, Jung-si, at around 18:00, the victim’s market price of KRW 1.2 million, carried and stolen Fone Star Co., Ltd. owned by the victim and parked around 1.20 km; (b) and (c) committed a theft of the victim’s market price of KRW 9,664,00,00 in total eight times from around 201 to June 10, 2018 by the same method, such as a list of crimes (1) in attached Form 72km.

2. On April 7, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a driver’s license for a motor vehicle on or around 18:00 on April 7, 2018, the Defendant driven the F Costasch Rexroth and returned approximately KRW 760 meters to H among the materials storage in the city located in the city located in the Si, E at regular Eup, as well as from around that time until June 10, 2018, the Defendant driven the said car eight times in total, such as the daily list of crimes (2) in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I and C by police;

1. On-site photographs;

1. Report on investigation (related to identification, such as fingerprinting of the crime);

1. Confirmation of identity of the thief;

1. Investigation report (6.2. Case of calculation of the amount of damage related to crime);

1. Investigation report (related to the confirmation of a vehicle driven by a person under his/her license without permission);

1. Investigation report (related to checking the distance from driving without a license of the suspect);

1. Results of search, etc. on the NAV paths;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes, such as copies of books;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 152 subparagraph 1, Article 43 of the Road Traffic Act, and the choice of imprisonment for each type of crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The scope of punishment recommended according to the sentencing guidelines based on the reasons for sentencing under Article 62-2 of the Criminal Act, such as observation of protection, order to attend lectures and order to provide community service order;

(a)the scope of the recommendations, in respect of general property;

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