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(영문) 대구지방법원 김천지원 2017.06.29 2017고단243
특수절도등
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On January 20, 2017, the Defendants entered the vinyl of the victim F’s operation in Guro-si, Si around 16:30 on January 20, 2017, and cut up approximately 100 percent of the market value of the victim’s possession, which he/she was in mind, and carried it into the Gpoter freight vehicle operated by the Defendant A.

As a result, the defendants stolen the victim's property together.

2. On January 20, 2017, Defendant A’s Defendant A’s violation of the Road Traffic Act (non-licensed driving) driven a Gpoter vehicle without a driver’s license in the section of about 5 km from the front of the Defendant’s residence in the Gu/Si/Gu-si H to the front of the said Defendant’s residence to the front of the said Defendant’s residence.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement;

1. A criminal investigation report (as to the statement of a witness), a criminal investigation report (as to the attachment of photographs);

1. The photograph, etc. of the stolen article storage place;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses (A) and unauthorized licensing;

1. Relevant provisions of the Criminal Act and Articles 331(2) and 331(1) (the Defendants’ special larceny) of the Criminal Act concerning facts constituting an offense, and Articles 152 Subparag. 1 and 43 of the Road Traffic Act (the Defendant A’s unauthorized driving, and the choice of imprisonment)

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Defendant A) of the Criminal Act to increase concurrent crimes;

1. Articles 53 and 55(1)3 ( Defendants) of the Criminal Act for mitigation of small amount

1. Article 62(1) of the Criminal Act ( Defendants) of the Suspension of Execution

1. The reasons for sentencing under Article 62-2 (Defendant A) of the Criminal Act on the observation of protection and observation have been punished as a crime of violating the Road Traffic Act (unlicensed driving) several times, taking into account the following circumstances: (a) the Defendants reflects the fact; (b) the victims and the victims have agreed smoothly; (c) the Defendants have no record of committing the larceny; and (d) the Defendants have no record of committing the larceny; and (b) the Defendants’ age, sexual conduct, environment, motive for committing the crime, and circumstances after committing the crime, etc

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