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(영문) 청주지방법원 2020.02.06 2020고단5
절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On December 13, 2019, around 00:27, the Defendant: (a) discovered a MF6 car in the market price equivalent to 28,000,000, which is the victim C owned by the victim, parked there; and (b) opened a door of the driver’s seat of the said car and cut off the said car while driving the said car.

2. Violation of the Road Traffic Act;

A. The Defendant, through the date and place specified in Paragraph 1, operated a vehicle as described in Paragraph 1, without obtaining a driver’s license, from approximately 15 km section to the front road of the Defendant’s dwelling located in the Heung-gu Seoul Metropolitan City, Chungcheongnam-gu, Chungcheongnam-gu, and Seowon-gu. The Defendant was driving the vehicle as described in Paragraph 1, without obtaining a driving license.

B. On December 14, 2019, the Defendant driven a vehicle as described in paragraph (1), which was stolen without obtaining a driver’s license from approximately 10km section from the Do in front of the Defendant’s dwelling in the Heung-gu Seoul Metropolitan City, to the road in the Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu.

C. On December 15, 2019, the Defendant driven a vehicle listed in Paragraph 1, which was stolen as described in Paragraph 1 without obtaining a driver’s license from approximately 20km section of the Defendant’s dwelling in the Heung-gu Seoul Metropolitan Government through the Friju E’s dwelling from the Do in front of the Defendant’s dwelling in the Heung-gu Seoul Metropolitan City to the front road of the Defendant’s dwelling in the Heung-gu Seoul Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. On-site photographs and CCTV images;

1. A report on investigation (specific hours of crime) and CCTV images;

1. Reports on internal accidents (Search for operation of stolen vehicles), photographs of stolen vehicles;

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

1. Relevant legal provisions concerning criminal facts, Article 329 of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, and choice of imprisonment with prison labor for each of the following crimes;

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

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