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(영문) 창원지방법원 2016.06.24 2016고단729
특수절도등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 4, 2016, when the Defendant, along with B, was at the same time at Ansan-dong on February 15:4, 2016, at the entrance of the overtaking village located in Geumri-ri, there are 30 fire-fighters in a size equivalent to 300,000 won of the market value owned by the victim C (55 years old) and transferred to load D 1 ton cargo vehicles, the Defendant driven the said cargo vehicle to the nearest wife B.

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

2. On February 4, 2016, the Defendant, without obtaining a driver’s license, driven a freight vehicle of approximately 7 km and 31 ton of D 1 ton in the section of 7 km from the entrance of the overtaking village located in the gold rith to the road, before the police box located in the same city, at the same time, at the entrance of the overtaking village located in the same city at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on report of occurrence of loss;

1. Relevant legal provisions concerning criminal facts and the point of special larceny in the choice of punishment: Article 331 (2) and (1) of the Criminal Act concerning driving without obtaining a license under Article 331 (1) of the same Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Articles 43 of the same Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., reflective points, points agreed with the victim, and points without any same power);

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