beta
(영문) 울산지방법원 2019.09.18 2019고단1474

절도등

Text

Defendant shall be punished by imprisonment for up to eight months and by a fine of up to 300,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to a suspended sentence of six months of imprisonment for larceny, etc. at the Ulsan District Court on November 23, 2017, which became final and conclusive on December 1, 2017, and is currently under suspended sentence.

[2019 Highest 1474]

1. On February 17, 2019, at around 21:55, the Defendant: (a) destroyed a motor bicycle with a victim D, who parked on the front side of the Seo-gu Busan, Seo-gu, Busan, by sticking the cream chain, on the front side of the victim’s own market price of KRW 1,00,000 (CA110E).

2. Around 22:20 on February 17, 2019, the Defendant driven the motor bicycle as stated in the above 1. paragraph (1) without a license for a motorcycle at a section of about five kilometers from the front of C as stated in the above 1. paragraph (1) to the front of G in the Busan East-gu, without a license for a motorcycle.

[2019 Highest 1928] Around 17:00 on January 27, 2019, the Defendant: (a) placed one motor vehicle in the victim’s possession, which was parked in front of the H apartment Idong-dong H apartment parking lot with the key attached by the victim JJ; and (b) driven the same motor vehicle at a section of approximately 100 km from around to around Busan Gangseo-gu L, Busan, without the driver’s license, by driving the motor vehicle at a section of approximately 100 km from around 100km to the front of Busan Gangseo-gu, Busan, without the driver’s license.

Summary of Evidence

【Criminal Records】

1. Statement on criminal records, etc. inquiry (A), list of related cases, summary order, judgment, results of inquiry (Evidence Records of 2019 Highest 1474)

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation reports (on-site CCTV search);

1. The register of driver's licenses (2019 Highest 1928);

1. Defendant's legal statement;

1. A written statement prepared by the J;

1. On-site photographs and stophograph photographs;

1. Application of the Act on Disqualifications for Driver's License Records Table;

1. Relevant Articles 329 of the Criminal Act concerning the facts constituting a crime, and subparagraphs 2 and 43 of Article 154 of the Road Traffic Act;

1. The punishment of larceny shall be imposed against each option of punishment;