beta
청주지방법원 제천지원 2013.04.04 2012고단537

특수절도등

Text

A defendant shall be punished by imprisonment for six months.

except that 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. Around September 7, 2012, the Defendant discovered Fone Star, Inc., owned by the victim E, parked in the above location while playing along the post-operator D, around 23:30 on September 7, 2012. The Defendant reported the network and opened a door to the seat of the vehicle, and stolen KRW 7,310 by inserting KRW 7,310 on the part of the victim inside the vehicle into the main machine, and then discovered the keys of the vehicle.

Accordingly, the defendant born D to the chief of the police station, driving a 6 million won or more at the market price.

Ultimately, the Defendants jointly stolen the victim’s property.

2. The Defendant violated the Road Traffic Act (unlicensed driving) from September 23, 2012 to September 01:00, 2012, without obtaining a driver’s license from 3:30 on September 7, 2012, to 377-4, from 3:00 on September 8, 2012, the Defendant driving a F Costman Corscison without obtaining a driver’s license from 10:00 to 377-4.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of police suspect regarding D;

1. Statement to E by the police;

1. Seizure records;

1. Application of the Acts and subordinate statutes on the register of photographs and driver's licenses;

1. Relevant provisions of the Criminal Act and Articles 331(2) and (1) of the Criminal Act that apply to criminal facts, the choice of punishment (the point of special larceny), and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (the point of driving without a license and the choice of imprisonment);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., the first offender and the agreement with the thief victim);