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(영문) 수원지방법원 여주지원 2015.09.09 2015고단531
특수절도등
Text

A defendant shall be punished by imprisonment for six months.

However, 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. From September 23, 201 to 03:00 to 04:00 on September 23, 2011, the Defendant discovered a passenger car with approximately eight million won in the market price owned by the victim D, which was parked there, and became aware that the said car was not corrected.

Accordingly, the Defendant and B entered the said car and driven the said car by driving the said car with one bank owned by the victim, two credit cards, two cash cards, etc. by using the auxiliary heat that had been located in the said car, and then left the said car and left the said credit card and cash card.

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

2. The Defendant violated the Road Traffic Act (unlicensed Driving) without obtaining a driver’s license on the date and time stated in the above paragraph (1) and driving the ERati harming Ba in a section of about 200 km from the front of the building B on the road of Ycheon-si to the Gongyang-gun, and then driving the ERati harming Rati.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B by the prosecution;

1. Written statements of D;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of the Criminal Act and Article 331 (2) (1) of the Criminal Act (the point of concurrent larceny), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (the point of driving without a license and the choice of imprisonment);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant received juvenile protective disposition several times for the same kind of crime in the past, and that it is not agreed with the victim, which is disadvantageous to the defendant

However, the reason for sentencing prescribed in Article 51 of the Criminal Act, such as the absence of criminal records except the above protective disposition, and the fact that it seems to have lived faithfully after the crime of this case.

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