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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. In collaboration with B and C, around 01:0 on January 12, 2016, the Defendant: (a) 2 of sexual trees 115 in Seongdong-gu Seoul, Seongdong-gu, Seongdong-gu, in a public parking lot; (b) B and C of around the surrounding areas; (c) the Defendant reported the network, and the Defendant: (d) putting the hand on the front glass door of the E-line Rode Round, which the victim D parked, by putting the hand in the front glass door of the vehicle; and (e) putting the car in the front door of the vehicle; and (e) driving the vehicle at the speed of the vehicle in the robbbbbbbbbes, a theft of the said vehicle.
2. On January 12, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving a vehicle without a driver’s license for a vehicle on or around 01:00, the Defendant driven a vehicle with approximately four km from the front side of a public parking lot in Seongdong-gu Seoul to about 298 king-ro, Seongdong-gu, Seoul, on the road in front of the public parking lot to about 115, Seongdong-gu, Seoul.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of suspect of each police in relation to C or B;
1. Statement made by the police against D;
1. Data to inquire into the ledger of a driver's license of the victim A;
1. Application of seizure records and statutes concerning the list of seizure;
1. Relevant legal provisions of the Criminal Act and Articles 331(2) and 331(1) (special larceny points) of the Criminal Act concerning facts constituting an offense, and Articles 152 subparag. 1 and 43 of the Road Traffic Act (non-licensed driving points, and choice of imprisonment with prison labor);
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate amount of punishment (including motive for and background of the crime, age of the defendant, etc.);
1. Article 62 (1) of the Criminal Act ( repeatedly considered for the foregoing reason);
1. Article 62-2 of the Criminal Act on the observation of protection;