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(영문) 대구지방법원 안동지원 2014.11.07 2014고단762

절도등

Text

A defendant shall be punished by imprisonment with prison labor for a maximum of six months, for a short term of four months and for a fine of thirty thousand won.

Reasons

Punishment of the crime

[criminal power] On January 14, 2014, the Defendant was sentenced to imprisonment with prison labor for a maximum of one year and two months for special larceny, etc., a short of one year and two years for a short term, and a fine of 300,000 won on September 5, 2014, and completed the execution of the sentence.

【Criminal Facts】

1. A thief: (a) around September 17, 2014, the Defendant discovered a mobile phone set up on his/her customer E in the Dohstum room located in the permanent residence C at around 19:00, and used the gap in which the victim’s surveillance was neglected, thereby citing and stealing the aforementioned mobile phone equivalent to KRW 9.70,00 in the market price.

2. On September 21, 2014, around 03:55, the Defendant attempted to detect a 1ton truck owned by the victim who was parked in F due to the permanent residence of the victim G, and to open a driver’s seat of the said cargo vehicle, which was not locked by entering the victim’s house, and to steals the said cargo vehicle due to the market price by leaving the Dong, but was arrested by the victim.

3. Around 02:00 to 03:50 on September 21, 2014, the Defendant driven a large-scale VF 125cc motor vehicle in the section of about 30 km from the Do preceding the permanent residence in the permanent permanent permanent jurisdiction of the city without a motorcycle driver’s license to the front of the house of G as referred to in paragraph (2).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. Seizure records;

1. Before ruling: Application of criminal history records, inquiry reports, and criminal investigation reports (verification of the date of release of a suspect)-related Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act, the choice of punishment, Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, Article 154 and Articles 154 subparagraph 2 and 43 of the Road Traffic Act concerning criminal facts;

1. Article 35 of the Criminal Act among repeated crimes (the crime of larceny and attempted larceny)

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

1. The defendant's reasons for sentencing under Articles 2 and 60 (1) of the Juvenile Act.