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(영문) 청주지방법원 충주지원 2017.08.25 2017고단253
절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal records] On August 22, 2014, the Defendant was sentenced to imprisonment with prison labor for a maximum of one year and a short of eight months with prison labor for special larceny, etc. in the Chungcheong District Court’s Chungcheong Branch on August 22, 2014. On May 15, 2016, the Defendant completed the execution of the sentence.

[2017 Highest 253]

1. A thief: (a) around 04:00 on January 15, 2017, at D main points located in Chungcheongnam-si, Chungcheongnam-si; (b) the Defendant: (c) committed theft by citing one cellphone 6,00, the market price of the victim E, who was on the four tables, was equivalent to KRW 890,00,000; and (d) committed theft.

[2017 Highest 276]

2. On December 14, 2016, the Defendant, in violation of the Road Traffic Act (unlicensed driving), driven a Gapo-te car from the front of the “Korean-do snow ridge,” located in the Yeonsu-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, without obtaining a driver’s license from approximately 2 km section to the front road of the same city.

3. The Defendant violated the Road Traffic Act: (a) drive the said vehicle on a one-lane road at the time and place set out in the above 2. Aviation Traffic Act; and (b) drive the said vehicle on a new training-dong apartment.

At the same time, bicycles owned by the victim H are installed, and there are construction materials such as melting and joint plates. In such a case, the driver of the vehicle has a duty of care to prevent accidents by accurately manipulating the steering gear and brake system in advance.

Nevertheless, the Defendant neglected such duty of care and neglected to receive the bicycle, thereby destroying the above construction materials.

Ultimately, the Defendant damaged the victim’s property so that the sum of 1.13 million won (i.e., motor bicycle riding KRW 500,000) is equivalent to the repair cost due to the above occupational negligence (=6.30,000 won).

Summary of Evidence

[2017 Highest 253]

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Photographs of damaged articles;

1. Each investigation report (specific suspect and attaching photographs of damaged articles);

1. Previous convictions: Inquiry of criminal history and investigation reports (verification of the period of repeated crime).

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