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(영문) 의정부지방법원 고양지원 2017.03.09 2016고단3880
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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 June 25, 2016, around 03:30 on June 25, 2016, the Defendant: (a) entered a new building in the construction site of a new building for the construction of Cheongan Construction Management Co., Ltd. with the victim, Inc., Ltd., Ltd., located in the Dong-dong Gongcheon-gu Gongncheon-ro 441-14, and brought about KRW 15,00,000, the market price of which was kept in the relevant place, to B, transferred approximately KRW 2 million, and loaded it into the CT freight vehicle.

Accordingly, the defendant invadedd a structure at night and stolen another's property.

2. On June 25, 2016, from around 03:05 to around 07:00, the criminal suspect violated the Road Traffic Act (unlicensed Driving) driven a Mae-Wing Vehicle without the driver's license, driving a vehicle at a distance of about 6 km from around the road near the Cheongan Construction Site located in Cheongan-ro, 441-14, the front of the Dong-gu, Yongsan-gu, Seoul, Seoul, via the road near the Cheongan Construction Site, to the front of the said C Company, again drive a Mae-Wing Vehicle without the driver's license, at a distance of about 6 km from around the road near the company's front of the said C Company.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. The criminal place and the ledger of driver's licenses;

1. Application of Acts and subordinate statutes to a CCTV image closure;

1. Relevant Article of the Criminal Act and Article 330 of the Criminal Act (a thief for intrusion on a structure at night), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (a non-licensed driver's license point and a choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of long-term punishments) to increase concurrent crimes;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order lies in two times (one-time suspension of the execution of imprisonment, one-time fines) as a crime of larceny and intrusion upon residence, and a crime of violating the Road Traffic Act (unlicensed driving).

Nevertheless, each of the crimes of this case was committed.

However, there is no record that the defendant has been punished in excess of a fine for the last 14 years.

Defendant.

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