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(영문) 인천지방법원 2019.10.17 2019고단4852
특수절도미수등
Text

A defendant shall be punished by imprisonment for up to eight months and a fine of up to 150,000 won.

If the defendant fails to pay the above fine, 50,000.

Reasons

Punishment of the crime

1. On September 2018, the Defendant received and kept the stolen property with knowledge of the fact that the market price D’s owned by the victim E cannot be identified in the building near the building located in the Namdong-gu Incheon, Nam-gu, Incheon, and thus, the Defendant received and kept the stolen property with knowledge of the fact that the CA110V Oba is a stolen

2. From September 11, 2018 to 02:20 of the same day, the Defendant driven the above stove without obtaining a motorcycle driver’s license from around 01:00 on the front of the Fo-distance in the south-gu Incheon Metropolitan City from around 10km to the front road of the same Gu G building.

3. On September 11, 2018, at around 02:22, the Defendant, along with H and I, found KOtoba in the front parking lot of the G building in Nam-gu Incheon Metropolitan City, the market value of which is at least KRW 800,000,00, which was owned by the victim J, and H, removed a lock that was corrected on the ground of the wall, and the Defendant and I attempted to cut off the lock and lock the lock, but the Defendant and I were discovered to the police officers dispatched upon receipt of a report, and attempted to commit the attempted theft.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the defendant, D, I, and H;

1. Report on the situation of operation without a license;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to the register of driver's licenses of suspects A);

1. Relevant provisions of the Criminal Act concerning the crime, Articles 342, 331 (2) and (1) of the Criminal Act that choose the punishment, Article 362 (1) of the Criminal Act, Article 154 subparagraph 2 of the Road Traffic Act, and Articles 43 of the Road Traffic Act that choose the punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 and 6 of the Criminal Act for discretionary mitigation;

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

1. Article 62 (1) and (2) of the Criminal Act of the suspended execution;

1. The contents of each crime indicated in the reasoning of sentencing of Article 334(1) of the Criminal Procedure Act, the defendant's mistake is recognized, and the defendant's age, character and conduct, environment, and after the crime is committed.

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