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(영문) 인천지방법원 2017.02.09 2016고단7889

절도등

Text

Defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

1. A thief: (a) around April 16, 2016, the Defendant stolen the victim’s property by using a key holding C 110cc c. equivalent to C 1.180,000 won at the market price of the victim B, who was parked in front of the Incheon Bupyeong-gu, Incheon, at around 00:30, 2016.

2. On April 16, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving a motor device without obtaining a bicycle driver's license, driving a motor-freight around 00:30 on April 16, 2016, and driving the same from the roads before the above gold Aart, approximately 10km in Incheon Bupyeong-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. The driver's license ledger;

1. Application of CCTV editing data and the Acts and subordinate statutes governing video CDs;

1. Relevant Article of the Criminal Act, Article 329 of the Criminal Act that provides for the choice of punishment (abstinance, a punishment by imprisonment), Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (abstinance without a license and an option of fine);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which increases concurrent crimes;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment Order is that the Defendant committed the crime of this case where, despite having had the record of being subject to juvenile protective disposition through several times due to theft, the Defendant stolen Otoba and drive without license, and the nature of the crime is not less than that of the crime. However, the Defendant was committed by driving the above Oba in the instant case without confirming the victim's intent to receive the key from the victim's children by using the above Oba, without confirming the victim's intention in the crypty, and the victim's agreement with the victim does not want to be punished; the victim does not want to be punished; the victim's behavior is remarkably divided; the Defendant's age, sex, occupation, environment, family relationship, etc. are considered, and the above punishment is determined as above.