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(영문) 창원지방법원 2015.02.10 2015고단96
야간주거침입절도등
Text

1. The defendant shall be punished by imprisonment for six months and a fine of two hundred thousand won; and

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

On October 13, 2014, the Defendant is a person who was sentenced to 10 months of imprisonment or 2 years of suspended execution in Busan District Court for violating the Punishment of Violences, etc. Act, which became final and conclusive on October 21, 201 and is currently under suspended execution.

1. On December 16, 2014, around 04:00 on December 16, 2014, the Defendant discovered that the keys of the victim D in the window C of Changwon-si came back in front of the victim D’s house at night, and found that the keys is stuck up on the victim’s house, and intrudes into the victim’s house, thereby getting on the victim’s E-fficacy “Bever (Bever) 125cc.” which was owned by the Defendant.

Accordingly, the defendant abused another's residence at night and stolen the property.

2. The Defendant violated the Automobile Management Act by removing the registration number plate of the Otoba in front of the said victim’s house at the same time and by using the equipment in which the Otoba was laid to rest, thereby violating the Automobile Management Act.

3. On January 5, 2015, the Defendant violated the Road Traffic Act (non-licensed driving) driving the 446th dives of the window of Changwon-si without obtaining a motorcycle driver’s license on January 16, 2015, and driving the dives of the dives of Changwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Previous records: Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (report accompanied by a copy of judgment);

1. Relevant Article 30 of the Criminal Act, the choice of punishment for the crime, Article 330 of the Criminal Act, Article 81 subparagraph 1 of the Automobile Management Act, Article 10 (2) of the Automobile Management Act (the removal of a registration license plate, the choice of imprisonment), Article 154 subparagraph 2 of the Road Traffic Act, and Articles 154 subparagraph 2 and 43 of the Road Traffic Act;

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

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of recommendations according to the sentencing guidelines of the Sentencing Committee -.

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