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(영문) 대전지방법원 2015.12.11 2015고단3630
절도등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On September 20, 2015, the Defendant: (a) acquired a motor vehicle smart kis, which was under the event of the Socuk High School No. 12, Daejeon High School No. 12, Daejeon High School No. 09:45, on September 20, 2015; and (b) used it to open and drive a door for the DM5 motor vehicle owned by the victim C; and (c) stolen the property of the victim by means of theft.

2. Violation of the Road Traffic Act;

A. The Defendant driven the said SM5 vehicle without obtaining a driver’s license from around 3 km section from the front road of the Kuk-gu Daejeon High School, Daejeon High School No. 63-gil-ro, Daejeon High School, to the front road of the Hanma apartment located in the same Dong-dong.

B. On September 21, 2015, around 06:30, the Defendant driven the said car without obtaining a driver’s license from around 11 km section from the front road of the Hanma apartment to the Daejeon Veterans Hospital located in the same new vibration.

C. On September 21, 2015, at around 18:30, the Defendant driven the said car without obtaining a driver’s license in approximately 11 km section from the front road of the Daejeon Veterans Hospital to the front road of the Hanma apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Relevant legal provisions concerning criminal facts, Article 329 of the Criminal Act, subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, and selection of fines, respectively;

2. The sentence of imprisonment for the same kind of crime as the sentencing of Articles 70(1) and 69(2) of the Criminal Act was taken into account.

However, in light of the circumstances such as the fact that the defendant has recognized all mistakes and reflects on the part of the defendant, the vehicle return to the victim, the risk of relatively less than the type of the larceny case, the defendant has considerable mental problems due to polar disorder, etc. and such parts are likely to have an impact on the crime, the punishment shall be determined as set forth in the text.

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