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(영문) 대구지방법원 서부지원 2016.05.12 2016고단622
절도등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 25, 2016, at around 23:50, the Defendant: (a) discovered a car in the market value of which the vehicle was parked without correcting the vehicle door; (b) discovered a car in Fsch Rex 13,500,000 won in front of the E station for the victim’s operation in Daegu Seo-gu, Seo-gu, Daegu; and (c) cut off a car with a key posted inside the vehicle, and then cut off it.

2. On February 25, 2016, the Defendant was driving a motor vehicle without obtaining a driver’s license for a total of four times from around 23:50 around February 25, 2016 to around 26:0 on February 26, 2016, without obtaining a driver’s license for the motor vehicle from a section of about 26 km to the Defendant’s residence located in Daegu Seo-gu, Daegu, Seo-gu., and driving a motor vehicle without obtaining a driver’s license for the motor vehicle from around 26 km to April 7, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Each police statement made to D, I, and J;

1. Investigative report (in case of driving without a license of the suspect), the suspect shall report.

1. Application of each protocol of seizure and each statute on the list of seizure;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime (a point of Section 329 of the Criminal Act), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (a point of driving without a license) and the choice of imprisonment for each of the above provisions;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and community service order, is that the Defendant was subject to a disposition to transfer juvenile protection cases at least ten times during the period from around December 2, 2013 to around July 2015, and in addition, considering the fact that the Defendant committed the larceny of this case, the responsibility for such crime is very heavy.

However, the defendant appears to have led to the confession and reflect of all of the crimes of this case, and the thief crime of this case is damaged by the defendant's key to the automobile.

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