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(영문) 부산지방법원 2019.11.26 2019고단4034
특수절도등
Text

A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 200,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On June 21, 2018, the Defendant was sentenced to imprisonment with prison labor for 6 months and fines of 300,000 won for special larceny, etc. in Busan District Court’s Dong Branch Branch, and the execution of the above imprisonment with prison labor was completed on December 19, 2018.

1. Around 18:00 on May 29, 2019, the Defendant was driving a 125cc c Stock with no license plate in front of the river basin located in the dong-dong, Busan, without obtaining a license for a motorcycle.

2. On May 26, 2019, at around 10:03, the Defendant: (a) discovered a meba in the meba that the victim D parked in the parking lot of the Geum-gu Busan Metropolitan City, and (b) the Defendant was in possession of the meba in advance using the key; (c) the Defendant was driving the meba while driving the meba.

As a result, the defendant and B stolen the victim's property together.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Written statements of D;

1. Previous records: Application of criminal records and other inquiries and investigation reports (reports related to A repeated crime records of suspects)-related Acts and subordinate statutes;

1. Relevant Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and Articles 154 subparagraph 2 and 43 of the Road Traffic Act;

1. Article 35 of the Criminal Act (Special Theft) among repeated offenders;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (Special Theft)

1. It is so decided as per Disposition by taking into account the following factors: (a) the fact that a person was sentenced to imprisonment for the same kind of crime for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act and committed the instant crime during the period of repeated crime; (b) the fact that the person committed the instant crime; (c) the victim’s mistake is against the victim;

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