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(영문) 서울서부지방법원 2013.10.16 2013고단2232
절도등
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for one year from the date when this judgment has become final;

Reasons

Punishment of the crime

[criminal power] On June 3, 2008, the summary order of KRW 500,000 has been finalized by the Seoul Central District Court on thief and violation of the Road Traffic Act. On November 10, 2009, the summary order of KRW 500,000 has been finalized on 10,000 for the same crime at the Seoul East East District Court. On 8, 2013, the Seoul Western District Court was charged with a fine of KRW 700,00 for the same crime and is currently pending in trial three times.

1. At around 18:53 on August 7, 2013, the Defendant: (a) committed theft, driving a theft with one of the FOTRTY CITY 300,000 won at the market price owned by the victim E, which was set up and set up a key for maintenance in front of the “D” maintenance station located in Jung-gu Seoul, Jung-gu, Seoul.

2. The Defendant violated the Road Traffic Act (unlicensed driving) without a vehicle driver’s license, and driving FOba on the road in Seoul, including Seoul, from August 7, 2013 to August 21, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of the police statement of E;

1. Police seizure records;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant legal provisions concerning criminal facts, Article 329 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of unauthorized driving and the choice of imprisonment);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (The sentencing conditions prescribed in Article 51 of the Criminal Act are considered, such as the fact that the defendant repents his mistake, the fact that the defendant deposited one million won for the victim, and the fact that damaged articles have been seized and temporarily returned to the victim);

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