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(영문) 대전지방법원 천안지원 2016.08.12 2016고단1110
절도등
Text

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

Reasons

Punishment of the crime

1. On June 11, 2016, the Defendant: (a) discovered a large amount of KRW 20 million at the market price of FNF Donata-si owned by the victim E that was parked at the same time; (b) opened a back door of the said taxi and entered into the taxi by using a son who had previously been in possession of the said son; and (c) used a key that was located in the part of the driver’s seat wing, thereby cutting down the said taxi by driving the said taxi.

2. On June 11, 2016, the Defendant: (a) driven a FNF small-scale taxi without obtaining a driver’s license from the front side of the “D” road located in Chungcheongnam-gu, Chungcheongnam-do; (b) to the restaurant parking lot located in Jincheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-do; and (c) as described in paragraph (1) of the same Article.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of E and G;

1. Photographs, etc. of damage scene;

1. Vehicle theft report;

1. On-site reports on the results of meals;

1. Application of Acts and subordinate statutes to each investigation report (including accompanying documents);

1. There is no basic area (6 months to 1 year and 6 months), the basic area (special sentencing factors) (6 months to 1 year and 6 months), and the violation of the Road Traffic Act does not set the sentencing guidelines (decision of sentence) [the decision of sentence] that there is a history of protecting juveniles and receiving criminal punishment several times for similar crimes, recidivism during the suspension of execution due to the same kind of crime, and the reason for sentencing without a license] under Article 329 of the Criminal Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (the driving without a license), the reason for sentencing of sentence of imprisonment [the scope of recommended punishment] for general property. The punishment is determined as per the order of punishment in consideration of various sentencing conditions indicated in the trial of this case, including the fact that there is no sentencing guidelines for the crime committed by the defendant.

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