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(영문) 인천지방법원 부천지원 2020.05.21 2020고단262
절도등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

1. On December 24, 2019, the Defendant: (a) around 22:17, 2019, the victim D, who d, who d, who d, who had drinking alcohol together, had d, got off one cell phone 9,000 won at the victim’s market price; (b) turned out one galth of Samsung Talthn, which is about KRW 1,00,000,000, the victim owned, and (c) driven a car parked in the Moel parking lot with the keys of approximately KRW 20,000,00,000 at the market price of the victim owned by the victim.

Accordingly, the defendant stolen the victim's property.

2. On December 24, 2019, at around 22:20, the Defendant driven an eMW car without obtaining a driver’s license on the road driving license of approximately 355 km on December 25, 2019 to the I parking lot located in Gwangju Seo-gu, Seo-gu, Gwangju, via G school located in the GF in the Jeonnam-gun, the place indicated in paragraph (1) of this Article.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Written statements of D and J;

1. A report on vehicle theft;

1. Investigation report (investigation into the hours and distance of driving without a license and revision to the facts of crime);

1. Photographs of the fact of the victim's vehicle;

1. A CCTV image closure photograph;

1. Application of Acts and subordinate statutes to the Motor Vehicle Driving Register;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, and the choice of imprisonment without prison labor;

1. Among concurrent offenders, there are records of criminal records of the same kind of crime with the reasons for sentencing Article 37, Article 38(1)2, and Article 50 of the Criminal Act, and crimes committed during the period of parole during the execution of sentence for the same crime.

Some damages have not been recovered and have not been agreed with the victim.

Vehicles were returned to the victim.

It does not seem that it is a planned crime.

All crimes are recognized.

In addition, the defendant's family relation, age, character and conduct, environment, circumstances after the crime, and circumstances after the crime are revealed in the pleadings of this case.

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