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(영문) 창원지방법원 밀양지원 2015.12.10 2015고단355

절도등

Text

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

Reasons

Punishment of the crime

On July 2, 2013, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. and a fine of 300,000 won in the Changwon District Court on July 2, 2013, and the said judgment became final and conclusive on July 2, 2013, and completed the execution of the sentence on July 3, 2015.

1. On September 18, 2015, at around 20:45, the Defendant: (a) discovered a e-car in a Chinese restaurant parking lot operated by the victim D in Kimhae-si, Kimhae-si; (b) discovered a e-car in an amount equivalent to 4 million won at the market price owned by the victim, who was stopped at that place without any boarding in the state with the starting of the city; and (c) opened a locked driver’s seat at that place; and (d) driven the car to the vicinity of the road in the Defendant’s dwelling located in Kimhae-si, 100 meters away from that place.

Accordingly, the Defendant stolen the victim’s car and operated the said car without obtaining a driver’s license as above.

2. From September 19, 2015 to 06:40 on the same day, the Defendant driven the said vehicle without obtaining a driver’s license from around 28km-dong to the Hanyang-si roads via Changwon-si, Changwon-si, Changwon-si from around 03:0 on September 19, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Records of seizure, list of seizure and articles seized;

1. Each report on investigation;

1. Detailed details of the driver's license;

1. Previous records: Application of criminal records, etc. and investigation reports (verification of repeated records of the same kind)-related Acts and subordinate statutes;

1. Relevant Article 329 of the Criminal Act, subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Among concurrent offenders, reasons for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act [the scope of recommending punishment] [the grounds for sentencing under Article 38(1)2 and Article 50 of the Criminal Act [the scope of recommending punishment] is not subject to punishment in the basic area (six months to one year) (the person who is subject to special mitigation).