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(영문) 서울동부지방법원 2017.09.14 2017고단2503

절도등

Text

A defendant shall be punished by imprisonment for six months and a fine for 200,000 won.

If the defendant does not pay the above fine, 100.

Reasons

(b) have changed the direction of the human information without notifying such personal information;

Therefore, although it is clear that the defendant damaged the parked vehicle, he did not provide personal information to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each statement of M, N, I, andO;

1. A report on detection of a driver engaged in driving, a record of drinking measurement, the ledger of driver's license, and a written estimate;

1. Investigation reports (related to attachment of photographs of damaged vehicles), investigation reports (Attachment to a detailed statement on maintenance of damaged vehicles);

1. Application of Acts and subordinate statutes governing the CCTV incident of H hotels;

1. Article 329 of the Criminal Act, Article 148-2 (2) and 1, Article 44 (1), Article 152 subparagraph 1, Article 43, Article 156 subparagraph 10, and Article 54 (1) 2 of the Road Traffic Act concerning the facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of a fine for a violation of the Road Traffic Act due to a failure to take any measure after an incident of imprisonment with prison labor has occurred with respect to a crime such as selective larceny or violation of the Road Traffic Act;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The review of the sentencing criteria [the scope of the recommended punishment] the basic area of the two types (general larceny) (six months to one year and six months) of the theft of general property * Since the sentencing criteria has been set only for some crimes, it refers only to the lower limit;

2. Determination of the sentence as ordered by taking into account the circumstances following the determination of the sentence and other conditions of sentencing recorded in the records.

The fact that the defendant has the same power and the victims' damage has not been recovered is divided.