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(영문) 부산지방법원 2015.12.04 2015고단3789
절도등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 20, 2015, the Defendant, around 19:30 on March 20, 2015, the victim E parked on the front road located in the Busan Northern-gu C, Busan, which was stolen by a 125C meta, in which the victim’s market value is equivalent to 2 million won.

"2015 Highest 7143"

1. On October 21, 2015, around 02:00, the Defendant discovered that the victim H was set up a locker by sticking the key to the victim F in front of Gindong located in Busan, Busan, with the effect of the victim H in front of Gindong located in G in Busan, Busan, and went back from the town.

Accordingly, the suspect's market price of 900,000 won was stolen from the victim's holding.

2. Around 02:00 on October 21, 2015, the Defendant, without a driver’s license, driven an Ibane, which was stolen as set forth in paragraph 1(1), before the Busan Jin-gu Busan, which was the Defendant’s residence, through the Habk Elementary School located in F G in Busan, Busan, but located in the Busan, Daegu, Busan, Busan, and through the Habdo-dong, Busan, without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of suspect examination of the accused;

1. Each written statement of E and K, and H’s written statement;

1. Report on occurrence of each case, investigation report, application of Acts and subordinate statutes regarding driver's license;

1. Relevant provisions of the Criminal Act, Article 329 of the Criminal Act, Article 154 subparagraph 2 and Article 43 of the Road Traffic Act, and selection of fines for the crimes;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is a crime committed during the period of repeated crime, and the fact that the person was punished by a multiple fine due to the same theft in 2015 is disadvantageous.

However, the fact that the defendant has yet to be young age, the damage was returned to the victims, and the victim E is deemed to have been paid one million won as compensation, and the victim H did not want to punish the defendant, the damage was not serious, the risk of unauthorized Driving was not significant, and the defendant was reduced.

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