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(영문) 수원지방법원 여주지원 2013.11.11 2013고단733
특수절도등
Text

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

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

Reasons

Punishment of the crime

1. On July 14, 2013, the Defendant: (a) conspiredd with C to engage in a handbry with C; (b) confirmed on July 14, 2013, that there was no room around the victim E garden in Ethy of the victim Leecheon-si, Leecheon-si; (c) entered a dry field of the victim; and (d) entered a dry field of the victim; and (d) 7,000 won of the market price, and 10,000 won, respectively.

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

2. The Defendant violated the Road Traffic Act (unlicensed Driving) without obtaining a motorcycle driver’s license, driving a motorcycle from the front side of the Ethical high school located in the Chang-dong in Leecheon-si, Leecheon-si to the front side of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning suspect interrogation of C;

1. Statement of the police statement of E;

1. Photographs of the damaged goods discovered at the site;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of the Criminal Act and Article 331(2) and (1) of the Criminal Act that apply to criminal facts, the choice of punishment (the point of special larceny), and subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act (the point of driving without a license and the selection of fines);

1. The former part of Article 37 and Article 38 (1) 3 of the Criminal Act for the punishment of concurrent crimes;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 2, 201; 201Da1448, Jan. 2,

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

1. The sentencing reason of Article 334(1) of the Criminal Procedure Act for the provisional payment order is minor damage caused by the larceny of this case and the damaged goods were returned to the injured party. However, it is inevitable that the accused committed the crime jointly with C during the suspended execution period, and it is inevitable that the sentence of sentence is imposed.

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