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(영문) 서울중앙지방법원 2017.05.24 2017고단1844
절도등
Text

A defendant shall be punished by imprisonment with prison labor for not more than four months and a fine not exceeding three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[criminal records] On January 18, 2016, the Defendant was sentenced to four months of imprisonment with prison labor for an injury, etc. in the Manpo District Court of Gwangju on April 6, 2016, and the execution of the sentence was terminated on April 6, 2016. On January 12, 2017, the Seoul Central District Court sentenced one year and six months of imprisonment with prison labor for fraud, etc., and the judgment became final and conclusive on April 14, 2017.

[Criminal facts]

1. On October 29, 2016, the Defendant: (a) was living in the Gwanak-gu Seoul Special Metropolitan City D Building 101 on a temporary and irregular basis on October 29, 2016; (b) was stolen by a victim C, who was living in front of the 106 door of the said building; and (c) caused a theft of one string house with the market price of the victim’

2. On June 22, 2016, the Defendant: (a) discovered one of the two parts of the victim’s market price owned by the victim, which was KRW 4,500,000, which was parked in by sticking the key of the victim E at a building parking lot in Ulsan-dong F-dong, Ulsan-gu, Seoul-gu, Seoul-do; (b) discovered one of the two parts of the two parts of the two parts; and (c) returned the key thereof.

Since then, the Defendant, without a motor device bicycle driver's license, driven the front road of the chemical apartment in Ulsan-dong, Ulsan-gu, U.S. at the same time and place from the above date and place to around 04:11 of the same month.

As a result, the defendant stolen the victim's property and driving a substitute driver without a motor device driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each police statement protocol against C and E;

1. A report on internal investigation (in the event of an on-site inspection, etc.), each investigation report (in the course of investigating the recovery of damaged articles, No. 16), and (in the course of net inspection, No. 18) (in the course of net inspection, No. 18);

1. Application of Acts and subordinate statutes to photographs of damaged articles (victims, No. 9) and CCTV and suspect photographs (No. 17) around the scene of the case;

1. Article 329 of the Criminal Act (a point of Section 1), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act concerning the facts constituting an offense (a point of driving a motor device or a bicycle without obtaining a license) of the relevant Act;

1. Each sentence of larceny shall be punished by imprisonment with prison labor;

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