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(영문) 서울남부지방법원 2017.10.12 2017고단3430

절도등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. From June 14, 2017, at H station located in Geumcheon-gu Seoul Metropolitan Government, on June 14, 2017, the Defendant discovered a test color card tag containing KRW 76,000, in cash owned by the victim I while being running a car in the Defendant’s B car, and stolen it by using any cret around it.

2. Around 19:20 on June 14, 2017, the Defendant violated the Road Traffic Act (unlicensed Driving) driving: (a) from the road near the Defendant’s residence in Geumcheon-gu Seoul Metropolitan Government via the H oil station in Geumcheon-gu Seoul Metropolitan Government to the Defendant’s residence; (b) again, on December 1, 2016, the vehicle driver’s license was revoked; and (c) drive B rocketing car without obtaining the vehicle driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of I;

1. Application of Acts and subordinate statutes to the seizure protocol, list of seizure, photograph, and investigation report (CCTV image verification);

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

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are the period of suspension of the execution for the defendant due to drinking alcohol as of March 18, 2017, which is the period of suspension of the execution for the defendant, and the fact that the defendant was found to have been driving without a license on March 18, 2017 while he/she was found to have been driving without a license during the trial, which was sentenced to a fine for driving without a license on March 18, 2017, and currently in the appellate trial, the fact that the thief was returned to the victim, and other circumstances such as the defendant's age, sex, environment, driving distance, and the circumstances after the crime