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(영문) 부산지방법원 서부지원 2017.11.16 2017고단1136
절도등
Text

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

On June 13, 2013, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. at the Busan High Court, for a maximum of three years and a short of two years and six months, and on August 28, 2015, the Defendant completed the execution of the sentence.

1. On May 22, 2017, the Defendant: (a) committed theft on the street in front of the “C point” located in Busan Northern-gu, Busan, on May 22, 2017; (b) the victim D parked there; (c) was stolen with a single unit of GTS125,124cc, the market value of which is equivalent to KRW 1.8 million, the victim D parked therein.

2. Violation of the Traffic Act on roads.

A. On May 22, 2017, the Defendant driven the GTS125 cc 124cc c, which was stolen, without obtaining a motor device bicycle license from May 22, 2017 to May 22, 2017, on the roads of “C” located in the Northern-gu Busan Northern-gu B to the front road of the Defendant’s residence located in the Southern-gu, Busan-gu, and without obtaining a motor device license from approximately 22 km section to the front road of the Defendant’s residence.

B. On July 17, 2017, the Defendant: (a) driven a F100cc meras, without obtaining a bicycle license from the front side of the agent for motor vehicle goods in Busan Southern-gu New Line 417 on July 17, 2017 to the front side of the “Seoul KOV Center” located in approximately seven km-dong 183-2 of the same Gu from the front side of the agent for motor vehicle goods in Busan-gu New Line 417, Nam-gu, Busan-dong 183-2.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A protocol of seizure and a list of seizure;

1. The driver's license ledger;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to investigation reports (verification of the history of crime, etc. and period of repeated crime);

1. Relevant Article of the Criminal Act and Article 329 of the Criminal Act that provides for the choice of punishment for the crime (abundance point, a punishment by imprisonment), and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (abundance point without a license);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act [the scope of recommendations given in the sentencing guidelines] - Types two (general larceny) for general property.

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