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(영문) 인천지방법원 2013.09.26 2013고단3918
절도등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 30, 2013, at around 04:37, the Defendant: (a) opened a door of a vehicle not equipped with a correction device in the DNA high-speed vehicle parked by the victim C in the front of the Yeonsu-gu Incheon Metropolitan City B apartment 203 parking lot; and (b) cut off the vehicle from one Samsung Emt North Korea, the market price of which is equivalent to KRW 300,000,000,000 in the market price, which is the victim’s possession.

2. The Defendant illegally used the said vehicle at the same time and place as the preceding paragraph, and from around 05:03 on the same day without the consent of the victim C, the said vehicle was driven for about 10km distance, such as the transmission street, for about 26 minutes, and brought about again to the parking lot and used the said vehicle temporarily.

3. The Defendant violated the Road Traffic Act (unlicensed Driving) driving a motor vehicle at approximately 10 km away from the same date and time as paragraph (1) to the place under paragraph (1) of this Article, after passing through a three-lane distance from the place of training-gu Incheon Metropolitan City Ro-dong, without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. C’s statement;

1. Records of seizure and the list of seizure;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to a report on investigation (investigation of Victim's Vehicle Tracs, etc.);

1. Relevant legal theft against a crime: The occupation of illegally using a motor vehicle under Article 329 (Selection of Imprisonment) of the Criminal Act: The occupation of unlicensed driving under Article 331-2 (Selection of Imprisonment) of the Criminal Act: Article 152 subparagraph 1 of the Road Traffic Act and Articles 43 (Selection of Imprisonment);

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act. Article 50 (Aggravation of Concurrent Crimes with Punishment for Theft which is the most serious punishment);

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the defendant is not older than the age of the defendant, the fact that the damaged goods from

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