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(영문) 전주지방법원 정읍지원 2016.11.17 2016고단394
특수절도등
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding three hundred thousand won.

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

Reasons

Punishment of the crime

1. Around 23:00 on July 31, 2016, the Defendant, along with C, went to a bicycle storage room in front of the 101 unit apartment complex located in Taedong-ro 29, YX 125cc, the victim D located in the location, and discovered Effi-RX 125cc, the market price at which the victim D was located, the Defendant reported to the neighboring wife, and C go to go to the Dong Dong by the method that it turns to the Dong location of the above Otoba, and C went to the above apartment complex by driving the above Oba, and C went to run the above Oba.

Accordingly, the defendant stolen the victim's property together with C.

2. Around 23:10 on July 31, 2016, the Defendant driven a stolen Effic RX 125cc c. as described in paragraph (1) without obtaining a driver’s license from around 16:0 to the 10km road from the 16:0 in front of the Tae-Eup-Eup-do, Taenam-do, Taenam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Photographs related to seizure;

1. Application of Acts and subordinate statutes on driving licenses;

1. Relevant provisions of the Criminal Act and Article 331(2) and (1) of the Criminal Act that apply to criminal facts, the choice of punishment (the point of special larceny), and subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act (the point of driving without a license and the selection of fines);

1. Articles 2 and 60 (2) of the Juvenile Act for mitigation of juvenile offenses;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, including the fact that the defendant was sentenced to a suspended sentence for the same crime, and the defendant committed the crime in this case without being aware of the fact that he/she was committed during the probation period in accordance with juvenile protective disposition, and that the defendant committed the crime that is disadvantageous to the defendant.

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