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(영문) 대전지방법원 2017.11.28 2017고단2931
절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On July 12, 2017, around 04:40 on the 12, 2017, the Defendant: (a) discovered a rocketing motor vehicle owned by the victim D and driven the said vehicle with a key attached to the vehicle in front of the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, without locking the vehicle door; and (b) opened the door of the said vehicle and drive the said vehicle with the market value of KRW 3.8 million by using any cresh outside the surrounding area.

As such, the Defendant stolen the victim’s vehicle.

In addition, from May 12, 2017 to July 12, 2017, the Defendant stolen property equivalent to KRW 3,819,000 on a total of four occasions, as shown in the list of crimes, from May 12, 2017, up to July 12, 2017, and did not discover things, such as 1 times per year.

2. On July 12, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving a car without a driver’s license. On July 12, 2017, the Defendant driven a car of about 4 km at the front of the Chungcheongnam-gun, Chungcheongnam-gun, Daejeon, to the third church located in 140-17, from the front of the Daejeon-gu, Daejeon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written statements of damage of F, G, H, and I;

1. Application of Acts and subordinate statutes to the total list of seized articles, records of seizure, list of seizure and report;

1. Relevant Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, the choice of punishment for the crime, Articles 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the choice of imprisonment;

1. Circumstances favorable to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Code aggravated concurrent crimes: The confession and reflect of the crime; the victim does not want the punishment of the defendant by mutual consent with all the victims of the remaining crimes except the attempted larceny; the amount of theft damage is limited to 19,000 won if the vehicle was excluded from theft; and the victim's wife appears to have been recovered from the stolen vehicle.

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