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(영문) 창원지방법원 마산지원 2015.06.24 2015고단365
절도등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 30, 2015, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment for fraud at the Gwangju District Court on April 30, 2015, and the said judgment became final and conclusive on May 8, 2015.

1. Larceny;

A. On April 26, 2015, at the D parking lot located in Busan Dongdong-gu, Busan, around 04:00, the Defendant discovered a FF gender car, the market price of which is equivalent to 4 million won owned by the victim, which was parked at the same place without opening a door to the victim E, and cut off and stolen the said car.

B. On April 2015, at around 02:00, the Defendant: (a) discovered an IFD car that the victim H parked in the Busan Eastdong-gu Gudio, Busan, without opening the door; and (b) entered the car inside the car, thereby cutting off the sum of KRW 12,000 in cash owned by the victim.

C. The Defendant, at around 03:00 on the same day as the above B/L, found the Plaintiff’s knife in front of the house located in the Busan Dongdong-gu, Busan, without opening the door, and entered the knife to the inside of the knife and stolen the amount of KRW 5,000 in total cash owned by the victim.

2. Violation of the Road Traffic Act;

A. The Defendant, without obtaining a temporary border driving license as stated in the above paragraph (1) above, driven the said gender car from the above D parking lot to the point of Ulsan with national highways.

B. On May 5, 2015, the Defendant driven a 70 km car from a place where it is difficult to identify the place within the Gyeongnam-gu without obtaining a driver’s license on May 22, 2015 to a place where it is difficult to identify the place within the Gyeongwon-si, Changwon-si, Masan-si, which is located in 252.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of E prepared by the police;

1. Each statement prepared by K and H;

1. Records of seizure and list of seizure prepared by the police;

1. On-site reports (Attachment to the register of driver's licenses, etc.);

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