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(영문) 서울서부지방법원 2020.05.28 2020고단402
특수절도등
Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

If the defendant does not pay the above fine, it shall be gold.

Reasons

Punishment of the crime

1. Around 00:11 on December 19, 2019, the Defendant: (a) colored the bicycle to be stolen with B and C at a bicycle storage facility located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, with B; and (b) the Defendant classified the bicycle owned by the victim D; (c) the Defendant cancelled the device for correcting the bicycle; and (d) C, in collaboration with B and C, stolen the bicycle amounting to KRW 170,000,000 owned by the victim.

2. Around 03:40 on December 19, 2019, the Defendant driven a 108CC 11105 Obaba, without obtaining a driver’s license from the front road of Seodaemun-gu Seoul, Seoul to the front road of Seodaemun-gu, Seoul at around 03:45 on the same day, and without obtaining a driver’s license from around 3.2km to the front road of Seodaemun-gu, Seoul, Seodaemun-gu.

3. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the Defendant, as the holder of the above Oral Ba, was driving the above Oral Ba at the date, time, and place specified in Paragraph 2.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Report on internal investigation (related to the confirmation and change of the name of a crime, etc. of weather slabs);

1. A certificate of disuse of two-wheeled motor vehicle;

1. Application of the statutes on the register of driver's licenses;

1. Article 331(2) and (1) of the Criminal Act applicable to the crime; Article 154 Subparag. 2 of the former Road Traffic Act (Amended by Act No. 16830, Dec. 24, 2019); Article 43 of the Road Traffic Act; Article 46(2)2 of the Guarantee of Automobile Accident Compensation Act; and the main text of Article 8 of the same Act

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, Article 50, the proviso of Article 42 and the proviso of Article 42 of the Criminal Act (to the extent that the sum of the long-term punishments for special larceny and the violation of the Road Traffic Act in the market is added

1. Discretionary mitigation of crimes under Articles 53 and 55(1)3 of the Criminal Act (i.e., special larceny in the market and the violation of the Road Traffic Act in which the victim does not want punishment after recovering from damage).

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