절도등
A defendant shall be punished by imprisonment for not less than eight months.
Punishment of the crime
[Criminal record] On May 27, 2016, the Defendant was sentenced to eight months of imprisonment due to fraud, etc. in the Daejeon District Court’s Incheon District Court’s Branch on December 3, 2016, and completed the execution of the sentence in the astronomical Prison.
[Criminal facts]
1. A thief: (a) around May 5, 2017, the Defendant: (b) opened and boarded a stief seat of the victim D, the market value of which is 15 million won at the victim D owned by Jindo-gun C, Jindo-gun; and (c) opened and boarded a stief driver’s seat of the Ewing-gun and the stiefed vehicle; and (d) boarded the said vehicle with the vehicle’s key located at the sticked, thereby thefting the said vehicle.
2. Defendant 1 driven the said vehicle without a driver’s license at a distance of about 46 km from the above location of the day to the front parking lot located in G in G in the south-si in the south-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. Each protocol of seizure and the list of seizure;
1. Investigation report (in cases of attaching photographs to arrest sites, attaching detailed details of suspect's license);
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (written confirmation of repeated crimes, etc.);
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. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of long-term punishments) of the aggravated concurrent crimes;
1. Application of the sentencing criteria;
(a) Type 2 (General Larceny) basic area (from June to one year and six months) of larceny (no person subject to special sentencing) for general property;
(b) Application of the standards for handling multiple crimes: Imprisonment with prison labor for not less than six months (the lower limit of the scope of sentence according to the sentencing criteria for the crimes for which the sentencing criteria are set and the crimes for which the sentencing criteria are not set are concurrent crimes in the former part of Article 37 of the Criminal Act, as such lower limit is set);
2. The defendant who has rendered a sentence shall drive another person's motor vehicle without a license;