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Reasons
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(영문) 부산지방법원 2015.07.21 2015고단2287
절도등
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A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 300,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On February 15, 2015, at around 03:40, the Defendant: (a) reported that the victim C parked one motor vehicle for D 125cc motor bicycle at the market price in the vicinity of Busan Jin-gu B, Busan, the Defendant: (b) was in possession of the vehicle; (c) and (d) was driving the vehicle by inserting the key key into a hole of the key, and driving the vehicle by driving the vehicle through a shaking.

2. On February 15, 2015, the Defendant, without obtaining a motorcycle driver’s license at around 03:40 on February 15, 2015, operated the said DNA motorcycle at a section of about 1 km from the road front of the Dong-dong G apartment at the location of paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of E and C;

1. Police seizure records;

1. Application of Acts and subordinate statutes to investigation reports ( Concerning attachment to the register of driver's licenses);

1. Relevant Article 329 of the Criminal Act, the choice of imprisonment and punishment for the crimes, and Articles 154 subparagraph 2 and 43 of the Road Traffic Act;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., confession of the accused, the recovery from the error of damage to the injured party, and the recent act of the same kind of crime is two times a fine);

1. The sentencing criteria for larceny for the reasons for sentencing under Article 48 (1) 1 of the Criminal Act for the confiscation of general property [decision on the sentencing criteria] for larceny under Article 48 (1) 1 of the Criminal Act: Where considerable damage has been restored to the extent of damage caused by the basic area of larceny (decision on the recommended area] (decision on the recommended area] from June to one year and six months (decision on the recommendation area):

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