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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On February 2016, the Defendant: (a) stolen a vehicle by needing daily living expenses, etc.; and (b) sold it to raise money.
Therefore, around 03:08 on February 27, 2016, the Defendant cut off the above car at the market price of KRW 25 million owned by the victim by opening a door door with F-to-door driver's seat and driving it up on the said car in order to use the convenience store for the victim E in front of the convenience store.
2. On February 27, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving a vehicle without a driver’s license, driving the said vehicle on the road located in approximately 20km from the right edge of the convenience shop specified in paragraph (1) to the right edge of the 103 Gyeongnam-si, from the right edge to the right edge of the 103 Gyeongnam-si, without a driver’s license. On the same day, the Defendant driving the said vehicle on the road located in approximately 1km from the right edge of the 17:40 on the road from the right edge of the 17:40 on the same day to the right edge of the 207 west-si.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. A written statement of victim E (a list of evidence Nos. 2);
1. Responses to fingerprinted results at criminal scene;
1. Protocols of seizure;
1. An investigation report (in-depth CCTV investigation), an investigation report (in-depth investigation into CCTV at a place where a vehicle is found), and an investigation report (in-depth report on confirmation of the grounds of driver's license, such as
1. Application of statutes on site photographs at the time vehicles are discovered;
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 for each of the above provisions;
1. The provision of the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is the most severe punishment and the punishment is aggregated with the punishment prescribed for larceny and the long-term punishment for each of the above crimes) of the aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Protection and observation and community service order under Article 62-2 of the Criminal Act (the defendant's prevention of recidivism);