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(영문) 대구지방법원 김천지원 2017.06.27 2017고단603
절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On February 17, 2016, the Defendant was sentenced to imprisonment with prison labor for a maximum of one year and ten months for larceny, etc. in the Daegu District Court Kimcheon support, and on July 6, 2016, in the same court, the Defendant was sentenced to imprisonment with prison labor for the same crime, for a maximum of four months and for a short of two months, and completed the execution of each of the above punishment on March 29, 2017.

[Criminal facts]

1. On May 2, 2017, at around 02:10, the Defendant: (a) opened and entered a driver’s seat that was parked in the parking lot in front of the D main shop located in Gumi-si, Gumi-si; (b) KRW 25 million of the market price of the victim E, owned by the Defendant; and (c) cut off the said car by driving the said car at a smart knife-dong via the World Cup, which is contained in the Gumi-si.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driven the said SM5 vehicle without obtaining a driver’s license from the date and place specified in paragraph (1) to the 23:20 on the same day from the place to the front day of the Ireland, which is 23:5-lane 4,00,00 old-si SM5.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A report on internal investigation (as to photographing photographs), report on internal investigation (as to seizure of stolen vehicles, attachment of photographs, etc.), investigation report (as to attachment to the ledger of driver's license);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment of results of search of prisoners), investigation report (Attachment of written judgments on the same kind of force), and Acts and subordinate statutes;

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 of Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 (only to the extent that the punishment is added up with the maximum term of two crimes) of the Criminal Act to increase concurrent crimes;

1. Application of the sentencing criteria;

A. The aggravated area (10 months to 2 years) of the aggravated area (10 months to 2 years) of the theft of general property (the scope of punishment recommended) is the same type of repeated crime that does not correspond to the aggravation of specific crimes (a special aggravated person).

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