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(영문) 대구지방법원 포항지원 2017.11.08 2017고단1094

절도등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 2, 2017, the Defendant: (a) committed theft by driving a victim D’s rocketing car owned by the victim D, which was parked in the parking lot located in South-gu, Nam-gu, Seoul at the port of port of Mapopool on May 22, 2017.

2. Violation of the Traffic Act on roads.

A. The Defendant, without obtaining the above driver’s license at the time of the day, driven the Defendant’s rocketing car from the above “C” parking lot to the front road of the Defendant’s house located in the south-gu at the port via the port of port via the port of port.

B. On May 23, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle at around 15:00, driven the motor vehicle of the rocketing that was stolen from the front day of the Defendant’s house located in the south-gu F of Posi-si, Nam-gu to the 2nd intersection in the south-gu, Nam-gu, Yanpo-dong, Yanpo-dong, Nampo-dong, Yan-dong, Yan

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime (a point of Section 329 of the Criminal Act), subparagraph 1 of Article 152 of the Traffic Act, Article 43 of the Road Traffic Act (a point of driving without a license), and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. To observe the protection and observation and the reasons for sentencing under Article 62-2 of the Social Service Order Act, taking into account the following circumstances: Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and other various sentencing conditions, such as the circumstances after the commission of the crime, the sentence shall be determined as ordered.

Unfavorable circumstances: Circumstances that are favorable to the defendant's previous records of criminal protective disposition of the same kind as that of juvenile protective disposition due to special larceny on two occasions; the fact that the defendant has agreed with the victim; and