(영문) 창원지방법원 2020.11.11 2020고단2396

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(영문) 창원지방법원 2020.11.11 2020고단2396

절도등

Text

Defendant shall be punished by a fine of nine million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. At around 06:52 on May 3, 2020, the Defendant: (a) stolen three of the total market value of the victim C owned by the victim located there on the roads in front of the Seongbuk-gu Seoul Special Metropolitan City B building; (b) by carrying three of the total market value of the victim C, which was located there, into the D QM6 car; and (c) stolen it by means of loading it on the D QM6 car.

2. Around 06:52 on May 3, 2020, the Defendant operated a Da QM6 car without obtaining a driver’s license in the section of about 50km from the 50km section of the car at approximately 50km to the F Co., Ltd. located in Gyeongnam-gun in the vicinity of the Sungwon-si B building in Changwon-si.

Summary of Evidence

1. Taking photographs of damaged materials of the Defendant’s legal statement C, and detailed statements of driver’s license, respectively, and applying the Acts and subordinate statutes to each investigation report;

1. Relevant legal provisions concerning criminal facts, Article 329 of the Criminal Act, subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, and selection of a fine, respectively;

1. Of concurrent offenders, the fact that the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act include: (a) there is no same criminal record of larceny among the defendants; and (b) there was an agreement with the victims that they have agreed smoothly; and (c) all of their errors are recognized and reflected, etc. shall be considered as favorable sentencing data for the defendants; and (d) the defendant has committed the instant crime without permission during the period of suspension of execution, without being able to do so; and (e) the defendant has the same criminal record of multiple times of unauthorized Driving; and (e) the defendant shall be considered as disadvantageous sentencing data; and (e) the punishment shall be determined as per the order taking into account the sentencing conditions, such as

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