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(영문) 대구지방법원 2020.08.11 2020고단2454
절도등
Text

A defendant shall be punished by imprisonment for six months and a fine for 200,000 won.

However, the above imprisonment for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 3, 2020, the Defendant: (a) cut off the victim D’s possession market value equivalent to KRW 3870,000,000, which had been parked in front of the Kagudong-gu, Daegu-gu, Daegu-gu, with a height displayed at the top; and (b) cut off the Katob.

2. Around 17:54 on May 3, 2020, the Defendant driven a motor bicycle in the section of about 20km from the front road of Daegu Dong-gu to the front road of the Daegu Dong-gu, Daegu-gu, about 03:50 on May 4, 2020 without obtaining a motorcycle driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and G;

1. Application of a damaged photograph, a visual closure photograph or other Acts and subordinate statutes;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 154 subparagraph 2 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. The former part of Article 37 and Article 38 (1) 3 of the Criminal Act for the punishment of concurrent crimes;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act ( considered as favorable circumstances among the reasons for sentencing below);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The sentencing guidelines do not apply to the defendants who apply the sentencing guidelines since they are less than 19 years old at the time of prosecution.

2. Determination of sentence: (a) comprehensively taking into account the following circumstances and the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the commission of the commission, circumstances after the commission of the commission of the commission, etc.; and (b) the conditions of various sentencing as shown in the argument of the instant case:

D. Unfavorable circumstances: The crime of this case is a case where the defendant stealss the dynaf parked and drives the dynab without a driver's license, and it is not good to commit the crime.

The defendant committed the crime of this case repeatedly despite the record of juvenile protective disposition that has been issued more than one time due to the same crime.

The favorable circumstances: The defendant is aware of all the crimes of this case and reflects it.

The Defendant is a juvenile of 16 years of age, and is subject to criminal punishment at the time of committing the instant crime.

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