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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
On February 21, 2013, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. at the Busan District Court and a fine of 300,000 won on February 28, 2013.
1. Larceny and violation of the Road Traffic Act;
A. On July 15, 2012, around 13:00 on July 15, 2012, the Defendant, at the first floor parking lot of the Busan Young-gu, the Defendant: (a) placed an EM3 car at the time of the operation as the key in the victim’s land owned by the victim, who was parked in a state where the key was displayed on the right side of the driver’s seat in the 1st floor of the building C, Busan Young-gu, and stolen
B. The Defendant, at the time and time under the preceding paragraph, driven the said SM3 car without a car driver’s license in the light zone, etc. located within the Busan Suwon-gu.
2. Larceny and violation of the Road Traffic Act;
A. On August 11, 2012, around 03:20 on August 11, 201, the Defendant: (a) parked in a parking lot consisting of F apartment 101, 101 Dong 1,2D, Nam-gu, Busan; and (b) destroyed the Defendant’s vehicle by putting an I SM520, equivalent to KRW 3,000,000 at the market price of H company possession of the victim G, which was owned by the H company, into the key stored inside the vehicle and driving the vehicle.
B. The Defendant driven the said SM520 car without a driver’s license in the Ildo-gu Busan metropolitan area, etc. on a temporary basis under the preceding paragraph.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement of D and G;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report attached to written judgments);
1. Article 329 of the Criminal Act applicable to the facts constituting a crime, subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
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 (which reflects the principle of equity and needs to be considered in cases where a judgment is rendered simultaneously with the crime for which judgment becomes final and conclusive);
1. Probation under Article 62-2 of the Criminal Act;