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(영문) 대구지방법원 2014.11.13 2014고단3890
절도등
Text

A defendant shall be punished by imprisonment for not less than eight months and a fine not exceeding three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On May 5, 2014, around 08:20, the Defendant: (a) committed a theft by driving F (50C) equivalent to KRW 1 million in the market value of the victim’s possession where the victim E parks a vehicle with the key of the vehicle in Daegu-gu, Daegu-gu, with the key of the vehicle in front of “D”.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) and operated the same time and place as the above paragraph (1) to the residence of the Defendant in Daegu-gu G without obtaining a motorcycle driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E (electronic summary form);

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

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 154 subparagraph 2 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment [the scope of recommending punishment] of the sentencing of Article 334(1) of the Criminal Procedure Act of the general property [the scope of recommending punishment] th category 1 (the thm to 8th) basic area (the thm to thm to thm to thm to thm to thm to thm) [no special person] / Since the sentencing guidelines are concurrent crimes between crimes for which no sentencing guidelines have been established, the lower limit is set at the lower limit of the crime for which the sentencing guidelines have been set [the decision of sentencing] [the defendant is subject to suspended prosecution for larceny in 2010, for special larceny and

Nevertheless, the defendant has repeatedly committed another same kind of crime without being aware of it, and the responsibility for such crime is not easy.

Provided, That the defendant's age, character and behavior, environment, and the fact that the victim has recovered the damaged goods and has actually recovered the damaged goods, and the damage has been restored.

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