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(영문) 대구지방법원 영덕지원 2018.11.14 2018고단185
절도등
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On August 5, 2018, around 07:10 on August 5, 2018, the Defendant: (a) stolen the victim E-owned market value of approximately KRW 2,200,000, which was parked in front of the “D” located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do; (b) 100,000.

2. Any foreigner violating the Immigration Control Act may sojourn in the Republic of Korea within the limits of his/her sojourn status and sojourn period.

On July 6, 2014, the Defendant entered the Republic of Korea through the Incheon Airport as a tourist transit (B2) and stayed in the Republic of Korea without departure on August 5, 2014, and stayed outside the scope of the period of stay.

3. Violation of the Traffic Act on roads.

A. On August 5, 2018, at around 05:40, the Defendant driven a motor device bicycle license at approximately 20 km section without obtaining a motor device bicycle license from around 20 km section from the front of the Defendant’s house located in the G of Chungcheongnam-gun G to the front of “D” located in the same Gun C.

B. On September 3, 2018, around 22:30 on September 3, 2018, the Defendant driven a motor device bicycle at approximately 15 km section from the front of the Defendant’s upper body to the front of the I’s house located in H of the same military branch without obtaining a motor device bicycle license.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, J and I;

1. Police seizure records;

1. Reports on internal investigation and reports on investigation;

1. Details of the next inquiry, accusation against a person who violates the Immigration Control Act, and personal entry or departure status;

1. Application of each statute on photographs;

1. Relevant Article of the Criminal Act, Article 329 of the Criminal Act that provides for the choice of punishment (abstinance, a fine), Article 94 subparagraph 7 of the Immigration Control Act, Article 17 (1) (abstinence, a fine) of the Immigration Control Act, Article 154 subparagraph 2 of the Road Traffic Act, and Article 43 of the same Act concerning the crime;

1. The aggravated punishment for concurrent crimes provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes provided for in the offense of violating the most severe immigration control Act);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order.

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