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(영문) 창원지방법원 통영지원 2018.03.28 2018고단49
특수절도등
Text

A defendant shall be punished by imprisonment for six months and by a fine of 150,000 won.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

1. On August 8, 2017, the Defendant: (a) 104:10 on August 8, 2017, along with C (17 C) a rear a middle school; (b) around 04:10 on the top of the house of the victim E, the Defendant: (c) discovered a meat without registration, who was installed by sticking the key to the relevant place; (d) the Defendant discovered a meat with a meat, who was 50 meters away from the place where meat, and (e) led C to the place where the Defendant was located, the market price of the victim, which is 200,000 won.

Accordingly, the defendant stolen the victim's property together with C.

2. On August 8, 2017, the Defendant violated the Road Traffic Act (Non-licenseless Driving) operated a quacker without a motor device license for approximately 1 km section from a hole in Jin-gun, Jinnam-gun, to the front of the G Mart parking lot located in Jin-gun F, and without obtaining a motor device bicycle license, as described in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. E statements;

1. A protocol of seizure and a list of seizure;

1. A report on internal investigation (a photograph of the suspected person's specific photograph);

1. A report on internal investigation, and a report on internal investigation (a photograph of searching damaged articles);

1. Application of Acts and subordinate statutes to investigation reports (Notification of Persons Eligible for administrative disposition);

1. Relevant legal provisions of the Criminal Act and Articles 331(2) and 331(1) (special larceny points) of the Criminal Act concerning facts constituting an offense, and Articles 154 Subparag. 2 and 43 of the Road Traffic Act (the point of driving a bicycle without a driver’s license, the selection of fines);

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

1. Article 53 and Article 55 (1) 3 and 6 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: From June to 50,000 to KRW 150,000; and

2. The scope of the recommended punishment according to the sentencing criteria (in relation to special larceny), [the scope of the recommended punishment] general property, and the theft against general property.

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