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(영문) 의정부지방법원 고양지원 2015.11.13 2015고단2263
특수절도등
Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. A special larceny Defendant and C, around July 15, 2015, found one unit of GT100 obabababababababa in the front of the “E” located in Goyang-gu, Goyang-gu, Goyang-si. Around July 15, 2015, the market price of the victim F owned by the victim F parked in that place was KRW 2070,000,000, and C reported the network around the region, and the Defendant removed Obababababab, removed the obababba, removed the obababab, and

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

2. Violation of the Road Traffic Act;

A. The Defendant, at the time and place specified in paragraph 1. At the same time and place, driven the above occin, without obtaining a motorcycle license, up to the front road of the valley in the same Gu.

B. On July 16, 2015, around 22:00, the driver driven the above stoba in the non-section without obtaining a license for a motorcycle from a farm in the vicinity of the stoke-si in the Goyang-si.

C. On July 17, 2015, around 22:00, the driver driven the above stoba in the non-section without obtaining a license for a motorcycle from a farm in the vicinity of the stoke-si in the Goyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol regarding C;

1. A written statement;

1. A written appraisal;

1. Application of Acts and subordinate statutes to investigation reports (CCTV image);

1. Relevant provisions of Article 331 (2) and (1) of the Criminal Act (the occupation of larceny), Article 154 subparagraph 2 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the occupation of driving a non-licensed motorcycle and the selection of a fine) concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (Special Theft)

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is relatively old and the defendant confessions the crime, the primary crime without any criminal power, and the damage has been recovered.

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