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(영문) 광주지방법원 2019.03.20 2019고단375
절도등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, with prior knowledge of the fact that vehicles parked on an apartment parking lot or alleyway have a high possibility of not correcting the vehicle text, committed a theft of vehicles or a theft of money and valuables on the parked vehicle.

At around 00:57 on January 10, 2019, the Defendant: (a) displayed a vehicle to be stolen using a Y apartment underground parking lot in Nam-gu, Nam-gu, Gwangju, Gwangju; (b) opened a Zdong underground parking lot of 7-8D; (c) opened a door of a vehicle not corrected; and (d) driven and stolen the vehicle using a smart key in the vehicle; and (d) committed a theft of the property at least nine times in total, as shown in the annexed crime list, from November 16, 2018 to January 22, 2019.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) without obtaining a driver’s license, driving a stolen AB-hand car as referred to in the preceding paragraph, and driving approximately 57 km away from the Nam-gu Y apartment underground parking lot in Gwangju Nam-gu to the front corner of AD located in Ydong AC.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to AA or AE by the police;

1. Each statement of AF, AG, AH, AI, AJ, AK, and AL;

1. Application of Acts and subordinate statutes to discovered reporting vehicles;

1. Relevant Article 329 of the Criminal Act, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of imprisonment for a crime, the choice of punishment, and the choice of punishment;

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

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. Probation, reasons for sentencing under Article 62-2 of the Criminal Act - Reasons for sentencing, community service order, and lecture attendance order - Circumstances favorable to the defendant: The defendant's mistake is recognized, the defendant has no record of criminal punishment - Unfavorable circumstances: The defendant's mistake

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