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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. At around 17:00 on April 2, 2015, the Defendant discovered the amount equivalent to KRW 12 million at the market price of a two-wheeled automobile parked by the victim C (GTS300 SUPPPPPPPPPPPPPPPPPPPPPP, 278cPP) with the victim C parked at a diving, and then, by using the keys posted at the same location, the Defendant dacted the above two-wheeled vehicle and stolen the property owned by the victim by driving it thereafter.
2. The Defendant violated the Road Traffic Act (unlicensed Driving) without obtaining a Class 2 driver’s license to drive a two-wheeled vehicle, and driving a two-wheeled vehicle, such as the description in the preceding paragraph, from the date and time border as indicated in the preceding paragraph and the place as indicated in the preceding paragraph, to approximately 2 km from Seongdong-gu Seoul Seongdong-gu to about 14 28-21, 14-21.
3. On April 2, 2015, around 17:20, the Defendant: (a) concealed a stolen two-wheeled vehicle, as described in paragraph (1), and escaped from the subway using the subway; (b) attempted to find the Defendant and to verify whether the victim G (26 years of age) was a larceny offender; (c) was the victim G (26 years of age) who was found to be a larceny offender of the said two-wheeled vehicle, as described in paragraph (1); and (d) intended to gather the victim’s face on two occasions, the Defendant inflicted an injury, such as taking about eight (8) weeks and cutting the frame, etc., on the part of the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Each police statement concerning G and F;
1. Investigative report (the attachment of a certificate of completion of report made by the owner of the seized soil and sand), investigative report (the case on the ledger of driver's license), and investigation report (the case of submission of an injury diagnosis report);
1. Records of seizure and the list of seizure;
1. Application of the Acts and subordinate statutes governing body photographs;
1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 257 (1) of the Criminal Act, and the choice of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reason for the suspended sentence of Article 62(1) of the Criminal Act Article 62(1) is the theft against the general property.