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Defendant shall be punished by a fine of KRW 300,000.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Criminal facts
Some of the facts charged were corrected.
On March 17, 2017, the Defendant, without obtaining a driver's license for a motor device bicycle, driven the Defendant's house located in Young-gu Busan Metropolitan City, at a section of about about 55 cm for the front road of the Defendant's house located in Young-gu, Busan Metropolitan City.
Summary of Evidence
1. Statement by the defendant in court;
1. Seizure records;
1. The application of Acts and subordinate statutes to each investigation report and prosecution report (the driving license register, etc., the page 84 pages of investigation records);
1. Article 154 of the relevant Act and Articles 154 subparagraph 2 and 43 of the Road Traffic Act concerning the facts constituting a crime;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment
1. The part of the facts charged was corrected.
On February 2, 2017, the Defendant found the victim E, who was parked on the side of a public toilet, located in the 7.5 square Do-dong, Busan, Young-gu, Busan, and discovered the 00,000 won of the market value of the victim E, which was located on the side of the public toilet, and cut off the 125cc c oc oc oc oc oc oc oc oc oc oc oc
2. Determination
A. A thief’s criminal intent refers to the perception that another person’s possession under another person’s possession is transferred to him/herself or to a third person’s possession against his/her will. Thus, if another person renounced ownership and acquired it by mistake as an abandoned article, it is difficult to recognize the criminal intent of larceny unless there is a justifiable reason for mistake (see Supreme Court Decision 88Do971, Jan. 17, 1989). B. According to the record, the following circumstances are revealed.
① Obane as indicated in this part of the facts charged (hereinafter “Obane”) purchased KRW 700,000,000,000,000 from the last half of February 2, 2015 by E, and E, while operating the above Obane at the police, was set up in the front of the 7-5 square as indicated in the facts charged, in fact that there was an engine problem while operating the above Obane, and discarded.
was stated.
(2) The defendant.