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(영문) 창원지방법원 진주지원 2014.11.05 2014고단900
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. On August 17, 2013, around 04:19, the Defendant: (a) discovered a single unit of E B-wing wing wing, the market price of which is equivalent to KRW 1,000,000, in which the victim D was installed while walking along the way with the C, C, who reported the network, she sawd the key of other O-topbba, which the Defendant had been in possession of, and went through with, C, in a method of putting it into, kiba and kiba, and putting it into, several strings.

Accordingly, the defendant stolen the above Oral Ba together with C.

2. The Defendant violated the Road Traffic Act (unlicensed driving) from the above temporary border to the front road of the Geum Ho-ju Village Apartment apartment located in the Jinju-dong at the same time around that time, without obtaining a motorcycle driver's license from the above temporary border.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, F, and G;

1. Police seizure records;

1. CCTV images and damaged photographs;

1. Application of Acts and subordinate statutes to investigation reports (a copy of driver's license register);

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. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) are as follows: (a) even though the Defendant was subject to a disposition of suspension of indictment for special larceny, the Defendant committed the instant crime as not less than two months; (b) however, damage caused by the instant crime is relatively little; (c) C, an accomplice after committing the instant crime, went through and sells to a third party; (d) the Defendant appears to have not participated in the instant crime; and (e) the said third party waivers his right to Ortoaba and thus,

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