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(영문) 대구지방법원 김천지원 2014.04.10 2013고단1775

절도등

Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 300,000 won.

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

Reasons

Punishment of the crime

1. 절도 피고인은 2013. 11. 14. 13:00경 구미시 구평동 442-14에 있는 ‘찜닭집’이라는 상호의 식당 앞 길에서, 그곳에 시동에 걸린 채로 주차된 피해자 B 소유 시가 150만원 상당의 C 메가젯 오토바이 1대를 발견하고, 감시가 소홀한 틈을 이용하여 위 오토바이를 타고 가 절취하였다.

2. Around November 14, 2013, the Defendant violated the Road Traffic Act (unlicensed driving) driving the above Obane without a motorcycle driver’s license on the road near the bus stops located in the Sinsi-si, Sinsi-si, Sinsi-si.

Summary of Evidence

1. Defendant's legal statement;

1. Police statements B and D;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 154 subparagraph 2 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. The latter part of Article 37 of the Criminal Act and Article 38 (1) 3 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The reason for sentencing under Article 32(1)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Orders (not clear in the scope of Defendant’s liability for compensation) is that the Defendant was sentenced to imprisonment for six months, suspension of execution two years, and fine 1.50,000 won on September 29, 2012 from the Daegu District Court Kimcheon Branch of the Daegu District Court on the grounds of special larceny and unlicensed driving on September 25, 2012, and committed the instant crime even during the grace period after the said judgment became final and conclusive on December 7, 2012. In addition, the Defendant committed the instant crime even though he/she was under the grace period, there are several criminal records of the same kind and different types of crimes, and the Defendant was dead and sent without having been on job-seeking even

However, if this judgment becomes final and conclusive, the sentence of the above suspension of execution is invalidated, and the damage is likely to have been returned due to the special circumstances on the day of the crime, and the defendant has led to his/her mistake while making a confession of the crime.