logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 홍성지원 2013.10.30 2013고단775
절도미수등
Text

A defendant shall be punished by imprisonment for six months.

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. On August 3, 2013, the Defendant found that he was parked on the 40:3 side of Boan-si B apartment 403-dong, Boan-si, B apartment 403-dong, without correcting the victim C’s market value, and carried the vehicle at around 200 meters away from the key, and used another’s vehicle temporarily without the owner’s consent by driving around approximately 200 meters, and searched the vehicle in order to continuously steals money and valuables, but did not find money and valuables.

2. The Defendant violated the Road Traffic Act (unlicensed driving) driving the said truck without obtaining a driver’s license from a section of about 200 meters from the date and place specified in paragraph (1) to the upper point of “F” in E.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. On-site photographs;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 331-2 (Unlawful Use of Motor Vehicles, Selection of Imprisonment), 342 and 329 (Attempted thief, Selection of Imprisonment) of the Criminal Act, subparagraphs 1 and 43 (Unlicensed Driving, and Selection of Imprisonment) of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes with the punishment heavier than that prescribed for attempted larceny);

1. Article 62 (1) of the Criminal Act (Consideration of the following grounds for sentencing, etc.);

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order has already been punished as a fine due to a violation of the Road Traffic Act of the same kind, and in particular, even though the defendant had been punished as a fine due to the same kind of larceny in the year 2013, he committed the instant crime, and the victim did not agree with the victim, etc., are elements of sentencing unfavorable to the defendant, on the other hand, the defendant has no record of suspending the execution due to the same kind of crime, and the defendant led to the confession of the instant crime.

arrow