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(영문) 광주지방법원 순천지원 2018.06.21 2017고단2621
특수절도등
Text

[Defendant A] The defendant shall be punished by imprisonment with prison labor for six months and a fine of three hundred thousand won.

The above fine shall not be paid by the defendant.

Reasons

Punishment of the crime

[criminal history] On December 6, 2017, Defendant A was sentenced to a suspended sentence of six months of imprisonment with prison labor for special larceny, etc. at the Gwangju District Court, and the judgment became final and conclusive on December 14, 2017.

[Criminal facts]

1. On August 30, 2017, the Defendants jointly cut off one set of KRW 1,00,000 on the part of the victim E in front of the operation of the victim E, which is located in Gwangju-si around 01:30 on August 30, 2017, using the gaps in front of the victim’s non-registered ice 2109cc., and the surveillance was neglected, Defendant B was able to view the network, and Defendant A was able to take off the front of the victim’s operation.

2. Violation of the Road Traffic Act (Non-licensed Driving) Defendant A driven the above 10km section without a motor device license from the front side of the F-way at the same time and place as the above paragraph 1 to the front side of the luminous Eup-ro 159.

Summary of Evidence

1. Defendants’ legal statement

1. A written statement of G and E;

1. On-site photographs and CCTV photographs;

1. Notification of the applicants for a violation of the Road Traffic Act;

1. Previous convictions: The application of Acts and subordinate statutes after inquiring about criminal history and reporting the results of previous convictions;

1. Article 331(2) and (1) of the Criminal Act (special larceny) and Article 154 Subparag. 2 and Article 43 of the Road Traffic Act (Optional to Driving and Fines without Permission): Defendant B: Articles 331(2) and 331(1) of the Criminal Act;

1. Defendant A who handles concurrent crimes: After Article 37 of the Criminal Act, Article 39 (1);

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Small-scale mitigated Defendants: Articles 53 and 55(1)3 of the Criminal Act

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendant A: The criminal records of each of the crimes committed by the Defendants on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act (the case where each of the crimes committed by Defendant A was tried together with each of the crimes in which the judgment of Defendant A became final and conclusive).

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