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red_flag_2(영문) 의정부지방법원 고양지원 2014.5.29. 선고 2014고단541 판결

특수절도,절도,도로교통법위반(무면허운전)

Cases

2014 Highest 541 Special larceny, thief, and violation of the Road Traffic Act (unlicensed driving)

Defendant

A

Prosecutor

Before use (prosecution) and litergic (public trial)

Defense Counsel

Attorney B (Korean National Assembly)

Imposition of Judgment

May 29, 2014

Text

A defendant shall be punished by imprisonment for a maximum term of one year and eight months.

Reasons

Criminal facts

1. A. The Defendant: (a) around 02:30 on February 25, 2014, and around 02:30 on Goyangyang-gu E; and (b) “Gma” operated by the Victim F; (c) the Defendant entered the mate through the window located behind the mate, opened the inner entrance, and entered the mate at the entrance, and cut off, with approximately 160 cigarettes, approximately 17,00 won of tobacco in the said place, and alcoholic beverages, such as mercury, beer, etc., as well as c and D. The Defendant stolen the victim’s property, jointly with C and D. Accordingly, the Defendant stolen the victim’s property.

B. At around February 25, 2014, 04:22, the Defendant and C: (a) the victim’s “J” operated by the victim, by cutting the brick in the vicinity of the entrance door and cutting the glass door into the entrance door, thereby cutting down the door, and then cutting down the door with a 100,000 won barter and the safe. Accordingly, the Defendant, together with C, stolen the victim’s property.

2. A. On February 14, 2014, 14, 00:0, the Defendant: (a) opened a driver’s seat, which was parked in the 105-dong underground parking lot in Gyeyang-gu, Youngdong-gu; (b) opened a car-free car of the victim 1, who was parked in the 105-dong underground parking lot; and (c) driven a car by driving the car with the key at the 2014, 2014, 100, by driving it.

B. On February 14, 2014, from around 00:00 to 22:00, the Defendant, without a driver’s license, driven a Ltop car that was stolen as above between the place indicated in the above paragraph (a) to the front side of the crosswalk, which is about 20 km away from the place indicated in the above paragraph (a), from the place indicated in the above paragraph to the Goyang-gu Seoyangyang-gu, Yangyang-gu, Sungyang-gu, Sungyang-gu.

C. On March 1, 2014, around 00:46, the Defendant: (a) opened a 1st floor parking lot of Goyangyang-gu M apartment underground, Seoyang-gu, Seoyang-gu; (b) opened a nK3 vehicle driving seat of the NK3 vehicle that was not locked; and (c) cut off with a wall with a cash bag of KRW 200,000,000 (including credit card, resident registration certificate, driver’s license, etc.) and a wall with a cash bag of KRW 20,000,000. The Defendant, together with D,

Summary of Evidence

1. Statement by the defendant in court;

2. Police suspect interrogation protocol of D or C;

3. A written statement of P, Q, R and 0

4. Court rulings.

Application of Statutes

1. Relevant legal provisions and choice of punishment concerning facts constituting a crime;

- Article 331(2) and (1) of the Criminal Code

Article 329 of the Criminal Act

m. Article 152 Subparag. 1 and Article 43 of the Road Traffic Act

2. Mitigation of juvenile offenses;

Articles 2 and 60(2) of the Juvenile Act, Article 55(1)3 of the Criminal Act

3. Aggravation for concurrent crimes; and

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

4. Illegal punishment;

Articles 2 and 60(1) of the Juvenile Act

Reasons for sentencing

Even though the Defendant was sentenced to suspended sentence due to special larceny in the past, the fact that the Defendant committed each of the instant crimes again during the suspended sentence is an element of sentencing unfavorable to the Defendant. On the other hand, the fact that the Defendant recognized all of the instant charges, and that the Defendant is yet to have been exposed to the criminal environment because he did not receive proper care through home and society, is an element of sentencing favorable to the Defendant. Furthermore, the sentencing data expressed in the arguments, such as the character, conduct, environment, and criminal record,

Judges

Judges Hong Jin-ho