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(영문) 인천지방법원 부천지원 2013.10.16 2013고단2632

특수절도등

Text

Defendant shall be punished by imprisonment for six months and by a fine of three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Around 13:40 on July 27, 2013, the Defendant: (a) discovered a large-scale video message owned by the victim C (Msage) parked at the second floor parking lot of the building B located in Seocheon-gu, Seocheon-si; (b) found D (the same day sent to Juvenile Department) using the network, and used the pre-pre-pre-pre-pre-pre-pre-pre-pre-pre-pre-pre-pre-pre-pre-concept of the above Oscop; and (c) stolen a vehicle by driving on the city of the above Oscopon; and (d) around 13:50 on the same day, at the “roscop park” located in Seocheon-gu, Seocheon-si, 1051-3, the victim’s name, unclaimed winner, who did not have any oil parked therein.

Accordingly, the defendant stolen the above error together with D.

2. Around 13:40 on July 7, 2013, the Defendant driven an alternative message, as seen above, without obtaining a motorcycle driver’s license from the front road of the Kucheon-gu Seoul Special Metropolitan City B building to the front road of the Seocheon-si Special Metropolitan City, Seocheon-si 1148-2.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Statement to C by the police;

1. Records of seizure and the list of seizure;

1. Registers of driver's licenses;

1. Application of the Act on Disqualifications for Driver's License Records Table;

1. Relevant provisions of Article 331 (2) and (1) of the Criminal Act (a point of concurrent larceny) concerning the facts constituting an offense, and subparagraphs 2 and 43 of Article 154 of the Road Traffic Act (a point of unauthorized Driving);

1. The former part of Article 37 and Article 38 (1) 3 of the Criminal Act for the punishment of concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da15488, Apr. 2, 2009);

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

1. Article 62 (1) and (2) of the Criminal Act on the suspension of execution (the repeated consideration of these circumstances);

1. Probation under Article 62-2 of the Criminal Act;

1. Confiscation Article 48 of the Criminal Act