beta
(영문) 부산지방법원 2018.12.07 2018고단3176

절도등

Text

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

Reasons

Punishment of the crime

On June 21, 2017, the Defendant was sentenced to four months of imprisonment for larceny, violation of the Road Traffic Act (dacting driving), and embezzlement of possession deserted articles, and completed the execution of the sentence at Busan Correctional Institution on October 20, 2017.

1. On January 7, 2018, around 13:32, 2018, the Defendant: (a) discovered that, at the C parking lot located in Busan Dongdong-gu, the Defendant was parked with the Defendant’s e-mail (Ⅱ) cargo vehicles (hereinafter “small Cargo Vehicles”) in the victim D’s e-mail (hereinafter “the instant small truck”); and (b) destroyed the instant small truck by driving a cre in which the victim’s surveillance was neglected.

2. On January 7, 2018, from around 13:32 to around 18:00 the same day, the Defendant driven the instant small cargo vehicle without obtaining a driver’s license from approximately 209km section from the front side of the Busan Dong-gu to the front side of the F apartment unit located in the Busan Dong-gu (IC).

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. A report (thief), each photograph/cinematographic output (including closed circuit television images), internal investigation report (five times a year), details of the use of post-paid transportation cards, investigation report (round 7,9), report on the results of field identification, appraisal report, and the ledger of driver's licenses;

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (netly 25), text of judgment, and application of Acts and subordinate statutes governing decisions;

1. Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Criminal Act concerning the relevant criminal facts as well as the selection of punishment;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, Article 38(1)3, Article 38(2), and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are as follows: although the victim recovered the small cargo vehicle of this case and the defendant agreed with the victim by compensating the victim for the damage amount of KRW 1 million; on the other hand, in light of the report (Psychoololas Report) on the assessment of the mental state of the defendant submitted by the defendant, the elements that the defendant must be normally integrated (referred to as awareness and awareness).