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(영문) 서울서부지방법원 2016.07.05 2016고단1244
절도등
Text

A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 300,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

"2016 Highest 1244"

1. A thief: (a) around April 23, 2016, the Defendant: (b) discovered and driven the Victim E with the victim’s market value of 4,500,000 won, which is the victim’s possession, with the victim’s visible height displayed and installed in Eunpyeong-gu Seoul Metropolitan Government “D” located in Eunpyeong-gu, Seoul; (c) and (d) used 3,50,000 won and flaf with the starting speed.

2. Violation of the Road Traffic Act (Non-licenseless Driving) the Defendant driven the 4-wheeled 125cc occ, as described in paragraph (1), without obtaining a motor device driver's license from the date and place described in paragraph (1), from the place to the location of Eunpyeong-gu, Seoul, to the 14-gil 20, Jinyang-ro, Seoul, to the front road.

On December 28, 2015, the Defendant, “2016 Highest 1553, the Defendant, while living together with the victim G at the house of the victim G located in Yongsan-gu, U.S., U.S. on a high speed of 10:30 on December 28, 2015, the Defendant stolen the victim’s total sum of 150,000 won per man’s fingers and per man’s per man’s son’s son’s son’s son’s and son’s son’s son’s son’s son’s son’s son’s son

Summary of Evidence

[2016 Highest 1244]

1. Statement by the defendant in court;

1. E statements;

1. Records of the reasons why the driver's license is determined, and a explanatory note (detailed details of the driver's license) (Seoul High Court Order 1553)

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Application of statutes on records of seizure and lists of seizure;

1. Relevant Article of the Criminal Act and Article 329 of the Criminal Act for the selection of punishment for the crime (abstinence point, a punishment by imprisonment), Article 154 subparagraph 2 and Article 43 of the Road Traffic Act for the crime (abstinence point, an unlicensed driving point, and an option of fines);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Second crimes (the scope of recommended punishment) with the reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “The Criminal Procedure Act”) on the ground of the sentencing of Article 334(1) of the Act on the Aggravated Punishment, etc. of the Provisional Payment Order, consisting of two types of larceny (hereinafter “the scope of recommendation”), the basic area (from June to January 1, and June), which have no person in charge of special sentencing (the scope of recommendation) (the scope of punishment).

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