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(영문) 대전지방법원 홍성지원 2021.03.10 2020고단850

절도등

Text

Defendant shall be punished by a fine of eight million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. A thief: (a) on August 15, 2020, the Defendant: (b) on the front parking lot C located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun; (c) on the street, opened a locked door of the said Aburged car using the keys of the victim D owned by the victim D; and (d) driven the said car with driving the said car.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving a vehicle without obtaining a driver’s license within approximately 7 km section from G University budget campus in the Chungcheongnam-nam Budget Zone F via the same military H annexed parking lot, without obtaining a driver’s license, at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Photographss at the time of arrest of CCTVs in the list of cases reported as 112 in the D's statement;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, and the selection of fines for a crime;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is that the defendant commits the crime of larceny even though he/she had been punished several times as the crime of larceny in the past, and the nature of the crime is not good.

However, in full view of the following factors: (a) the Defendant recognized all of the instant crimes; (b) the Defendant appears to have committed the theft of vehicles somewhat contingent; and (c) the vehicle was immediately returned to the victim; and (d) other various sentencing conditions, such as the background of the instant crime, the Defendant’s age, sexual conduct, and circumstances after the instant crime, the sentence as ordered