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(영문) 인천지방법원 부천지원 2018.09.07 2018고단1954
원동기장치자전거불법사용
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 13, 2017, the Defendant was sentenced to one year and two months of imprisonment for fraud, etc. at the Seoul Southern District Court on February 6, 2018 and completed the execution of the sentence in the Jeonju prison on February 6, 2018.

1. On May 1, 2018, around 21:07, the Defendant: (a) operated a bicycle with a motor device of another person without the consent of the right holder by protruding a train using a key, the victim E, who had been parked in the front of the “D” on the road of Dacheon-si C, 1st floor, and the victim E, who had already been posted.

2. On July 20, 2018, the Defendant, at around 00:48, operated a motor device bicycle of another person without the consent of the right holder by putting the Jart, the victim I, who was parked in the “H Mart” parking lot located in Seocheon-si G, using the key of the victim I, who was already sticked.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each statement of E and I;

1. All on-site photographs;

1. A criminal investigation report (refusing damaged articles), a criminal investigation report (a report on the results of a victim's counter-investigation and field identification), and a report on the results of field identification;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history, investigation reports (report on criminal records and confirmation of facts before and after criminal suspects);

1. Relevant Article 331-2 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. In light of the fact that the Defendant had been punished several times by larceny, etc. for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, the Defendant committed the instant crime even during the period of repeated crime, and that no agreement has been reached with the victim, it is reasonable to sentence the Defendant to the punishment.

However, there are various kinds of sentencing in the public trial, such as the fact that the defendant reflects on the defendant, the fact that the defendant brought the ozone layer in the case back to the neighborhood, the circumstances after the crime, the age of the defendant, sexual behavior, family relationship, and economic circumstances.

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