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(영문) 서울남부지방법원 2020.10.22 2020고정1327

절도등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On October 3, 2019, around 15:27, the Defendant: (a) stolen the victim C (year 45 years of age, south) holding D 125cc Otoba (around 3.8 million won) owned by the victim C (the victim) who kid and kids down the keys at the front of Geumcheon-gu Seoul, Geumcheon-gu, Seoul.

2. On October 23, 2019, the Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a license for a motor bicycle, operated a motor vehicle as described in paragraph (1) at a section of about 15km in front of the Geumcheon-gu Seoul Metropolitan Government Officetel at the time and place specified in paragraph (1), and on October 23, 2019, at a section of about 1km in front of the “H” located in the Gwanak-gu Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of police seizure records, investigation reports (involving the ledger of driver's licenses of suspects), and statutes;

1. Relevant provisions of the Criminal Act and Article 329 of the Criminal Act that apply to the crime (the point of larceny at the time of market, the selection of fines) and Articles 154 subparagraph 2 and 43 of the Road Traffic Act (the point of driving without a license at the time of market, and the selection of each fine);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.