200 Highest 2301 thief, Violation of the Road Traffic Act (Unlicensed Driving)

200 Highest 3121(combined) Property Damage and Damage

20 Highest 3495(combined) thief

South and South Korea, 88years, South and North Korea, and Company Board

Residential Ulsan

Maddens, padices, padices, padices, and padices

Attorney Shin (Korean National Assembly)

February 5, 2021

Defendant shall be punished by imprisonment with prison labor for up to eight months and by a fine of up to 300,000 won. If the Defendant fails to pay the above fine, the Defendant shall be confined in the workhouse for the period converted by one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal History Sportu Criminal Power

On April 8, 2020, the Defendant was sentenced to 2 years of suspended sentence and 300,000 won of imprisonment for larceny, etc. at the Ulsan District Court on April 8, 202, and the judgment became final and conclusive on April 17, 2020, and is currently under suspended sentence.

"200 Highest 2301"

1. Larceny;

On May 6, 2020, the Defendant: (a) around 07:58 on May 6, 2020, at around ○○○○○, the Defendant: (b) driven an electric scooter with a key set up in the place; (c) the victim’s scoo, who was posted a key at the place, was stolen by driving one electric scoo in an amount equivalent to KRW 600,00,

2. Violation of the Road Traffic Act;

피고인은 제1항 기재 일시경 원동기장치자전거면허를 받지 아니하고 위 00박스 앞도로에서부터 울산 중구 젊음의 2거리 33에 있는 롯데시네마 앞 도로에 이르기까지 약 100m의 구간에서 위 전동스쿠터를 운전하고, 그 곳에서부터 울산 중구 옥교15길 30-1에 이르기까지 약 2km의 구간에서 울산중 프리마랠리 오토바이를 운전하였다. 『2020고단3121

1. On June 7, 2020, the Defendant left the PC located in Ulsan-gu PC and used a computer No. 73 in the nearest area while using a computer, around 19:29 on June 7, 2020, and caused the gap of the victim Kim ○ (n, 20 years of age) using the ice 73 in the table in which the victim Kim ○ (n, n, n, n, n ket) was on the table of the table, thereby leaving the drinking water bottled by the Defendant’s defense, thereby putting the Defendant’s defense in the coffee where the victim was faced, thereby impairing the utility of drinking water amounting to KRW 3,500 at the market price.

2. At around 11:50 on June 23, 2020, the Defendant, while using a computer at the above PC room, she put the Defendant’s crepan in a soft coffee where the victim ○○○○ (Inn, 51 years old) was frighted on the table, and she put the Defendant’s crepan in a soft tea where the victim was frighted, thereby impairing the Defendant’s utility of drinking water amounting to KRW 1,500 at the market price. Accordingly, the Defendant destroyed another’s property twice. “20 high-level3495”

Around 04:45 on August 9, 2020, the Defendant: (a) committed a theft by inserting KRW 210,000,000 in cash owned by a Dong, a victim was locked between the victim’s knife and the victim’s knife in order to smoke tobacco within a main point located in Ulsan-gu, Ulsan-gu, Seoul-do, by inserting 2,10,000 in cash belonging to his own knife.

Summary of Evidence

(Omission)

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 329 of the Criminal Code(thief, choice of imprisonment), Article 366 of the Criminal Code(the point of causing damage to property, choice of imprisonment), Article 154 Subparag. 2 and Article 43 of the Road Traffic Act(the point of unlicensed driving, choice of fine)

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

The reason for sentencing of Article 334(1) of the Criminal Procedure Act [Sentencing for the crime of larceny and damage to property at the time of sale]

1. Scope of applicable sentences under law: Imprisonment with labor for one month to nine years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) A primary crime;

[Determination of thief] 01. General thief for general property

[Special Sentencings] Reductions: Non-Punishments

[Recommendation and Scope of Recommendations] Reduction Area, Imprisonment of 4 months to 10 months

(b) Second crime;

[Determination of Punishment] Destruction of Property, etc.

【Special Convicted Person】

[Recommendation and Scope of Recommendations] Basic Field, Imprisonment with prison labor from April to October. The scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor from April to March (the upper limit of crimes 1 + the upper limit of crimes 1/2)

[Pronouncement of Punishment - 8 months of imprisonment and fine 300,000 won]

The circumstances favorable to ○○ Defendant: (a) the Defendant recognized all of his own criminal acts and reflects the error in depth; (b) the victim’s ○○ in each of the larceny crimes as indicated in the Defendant’s decision was agreed upon by the Ma○○; (c) the victims expressed their intention not to punish the Defendant; and (d) it is difficult to view that the amount of damage is significant in the course of committing the larceny and the damage of property; and (c) the Defendant

The circumstances unfavorable to ○○ Defendant: (a) even though the Defendant was sentenced to a suspended sentence as stated in the record of the crime committed by the same type of larceny and driving without license, the Defendant committed each of the same principal crimes during the suspended sentence for only one month; (b) in particular, the Defendant committed the crime in a scambling manner without any reason or motive; and (c) in light of the following: (a) the nature of the crime is considerably poor; (b) the likelihood of criticism is considerably high; (c) the risk of recidivism is considerably high; (d) the Defendant did not reach an agreement with the victim of the crime causing property damage; (b) the Defendant committed a total of eight times from 201 to 30 times; (c) the Defendant committed a short-term crime after having been sentenced to a suspended sentence; and (d) the Defendant committed the same repeated crime even though having been sentenced two times after having been sentenced to a suspended sentence; and (d) the need to repeatedly punish the Defendant in light of the past’s past records and the need to repeatedly punish the Defendant.

The final sentence: The sentence of larceny and damage to property shall be determined as ordered within the scope of the recommended sentence according to the sentencing guidelines, on the ground that the sentence of punishment is inevitable for the crime of larceny and damage to property, taking into account all the circumstances revealed in the arguments in this case, including the defendant's age, character and conduct, motive and background of the crime, and circumstances after the crime, etc., and the punishment shall be determined as ordered within the scope of the statutory penalty of a fine, which is a type of punishment chosen for the crime of violation of the Road Traffic Act (unlicensed Driving).

Judges Park Jong-woo