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(영문) 광주지방법원 순천지원 2014.07.11 2014고단596
절도등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. Larceny;

A. At around 04:50 on December 10, 2013, the Defendant, at the entrance of the “D” English kindergarten, loaded the amount equivalent to KRW 2.50,000 on the Defendant’s car operated by the Defendant at the victim E, who was located there, at the entrance of the “D” English kindergarten.

B. On December 17, 2013, the Defendant, at the entrance of the “F” kindergarten located adjacent to the said “D” English kindergarten on December 17, 2013, carried 300,000 won of the market value of the 300,000 won of the 'F’ model owned by the victim G, which was located adjacent to the said kindergarten, into a car operated by the Defendant.

2. Violation of the Road Traffic Act;

A. At around 04:50 on December 10, 2013, the Defendant, via a “D” English kindergarten located in the Do of Do in the Macheon City City, from the front of the Korean Hospital at 42, Do, to the Korean Hospital, driven a H options car without obtaining a driver’s license at approximately 600 meters section.

B. On December 17, 2013, the Defendant: (a) around 04:32; (b) 2-A.

In the same section as this paragraph, H options car was operated without obtaining a driver's license.

C. On April 16, 201, around 16:00, the Defendant, via J apartment 102-Dong, J apartment 102-dong, which is located in J apartment I, and the English kindergarten located in J apartment 102-dong, at the 102-dong J apartment 102-dong, again, driven K Poter cargo without obtaining a driver’s license within a four-lane distance from J apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of E and G preparation;

1. Photographs of each page of the crime;

1. Each photographic material;

1. Registers of driver's licenses;

1. Application of investigative reports (the frequency and distance of driving without a license of a suspect) Acts and subordinate statutes;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, and the choice of imprisonment with prison labor, respectively;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The reason for sentencing under Article 62-2 of the Criminal Act is the probation and community service order.

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