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(영문) 수원지방법원 성남지원 2014.01.10 2013고단2249
절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. A thief, around 02:00 on August 29, 2013, the Defendant: (a) carried the key of Fenz E350 vehicles set up by the victim E on his/her book; (b) driven the said Benz vehicle in an amount equivalent to KRW 20 million at the market price managed by the victim at the parking lot; and (c) stolen it.

2. On August 29, 2013, the Defendant violated the Road Traffic Act (unlicensed driving) and driven a car around 50 km from the above parking lot to the above 881-7 Benz E350 meters, without obtaining a driving license on August 29, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused and G concerning the accused;

1. The prosecutor's statement concerning H;

1. Each police interrogation protocol on the accused and G (including the part in E and I among the second interrogation protocol on the accused);

1. Each police statement made to E and I;

1. Application of investigation reports (in relation to licenses A for suspects), investigation reports (in relation to passbooks used by A and purchasers of vehicles), and statutes;

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, and Article 43 of the Road Traffic Act;

1. Among concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is the time when the defendant was committed and the stolen motor vehicle was seized to an investigative agency. However, on September 5, 2012, the defendant was sentenced to a suspended sentence of eight months for embezzlement, embezzlement, fabrication of private documents, uttering of a private document, and special larceny on April 30, 2013, and the defendant was sentenced to a suspended sentence of six months for a suspended sentence of six-month for punishment, considering the fact that he/she committed the instant crime during a suspended sentence of imprisonment, the sentence as set forth in the text is determined.

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