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A defendant shall be punished by imprisonment for four months.
Each of the facts charged in this case.
Reasons
Criminal facts
1. On December 31, 2014, the Defendant acquired stolen goods: (a) around 05:30 on the street in front of the “C” located in Seongbuk-gu, Sungnam-si; (b) at the market price of the victim F, which was stolen by Da; (c) KRW 2.50,00,000, the Defendant paid KRW 250,000,000 to the victim F, with knowledge that the market price of the stolen victim F, who was stolen by Da, is not a gallon; and (d) obtained them.
2. On December 31, 2014, from around 05:10 to around 06:00 on the same day, the Defendant driving a H small-scale vehicle without obtaining a driver’s license in the section of about 10 kilometers from around 05:10 to around 10:00 of “C” located in the middle-gu city located in the area of the same city of Jung-gu from the front day of active duty service to the front day of “C”.
Summary of Evidence
1. Statement by the defendant in court;
1. Copy of each protocol concerning the examination of suspect of the police against D;
1. Reports on internal investigation by the police (statement of witness I) and reports on investigation by the police (statement of witness E and investigation of unauthorized driving vehicles);
1. Comprehensive details of vehicles and application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Relevant Article of the Criminal Act and Article 362 (1) of the Criminal Act (the acquisition of stolens, the selection of imprisonment), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (the unauthorized Driving Point, the Selection of Imprisonment with prison labor);
1. Grounds for sentencing of Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (only to the extent that the punishment is added up the long-term punishment of the above two crimes) of the Criminal Act to increase concurrent crimes;
1. One month to eight years of imprisonment with prison labor within the applicable range;
2. Scope of the recommended sentences according to the sentencing criteria;
(a) Basic crime: The basic area of the crime of acquiring stolens [the type of determination] that there is no type 1 (the general stolens against the general stolens] (the decision in the sphere of recommendation] (the decision in the sphere of recommendation] (the scope of recommendation), and six months to one year and six months;
(b) Concurrent crimes: The fact that the sentencing criteria are not set for concurrent crimes concerning any violation of the Road Traffic Act (unlicensed driving) by means of violating the Road Traffic Act;
C. The term of imprisonment with prison labor for the range of final sentence according to the standards for handling multiple crimes is from 6 months to 8 years (unlicensed driving).