A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] The Defendant was sentenced to the suspension of the execution of eight months of imprisonment with prison labor for a crime of habitual night building intrusion at the Jinwon District Court on February 19, 2016, and the judgment became final and conclusive on February 27, 2016, and is currently under suspension of execution.

[Criminal facts]

1. On September 23, 2017, the Defendant: (a) discovered the E1 ton cargo vehicle in an amount equivalent to five million won at the market price owned by the victim, who was parked in the said place, in front of the vinyl of the victim D, located in Masung-gun around 22:30 on September 23, 2017; and (b) driven the vehicle by putting the cre in a vinyl house and driving the vehicle.

Accordingly, the defendant stolen the victim's property.

2. Violation of the Road Traffic Act (Non-licenseless Driving) driving of a motor vehicle with a section of about 70 km from the date and time set forth in paragraph (1) of this Article, via a road in front of the Tong-gu Police Station located in front of the Tong-gun, Sungsung-gun, Sung-gun, without obtaining a driver’s license, and driving the motor vehicle as described in paragraph (1) of this Article, with a section of about 70 km from the point set forth in paragraph (1) of this Article.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A protocol of seizure and a list of seizure;

1. Each report on investigation;

1. Photographs and on-site photographs;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses and the register of tea;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime (a point of Section 329 of the Criminal Act), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (a point of driving without a license) and the choice of imprisonment, respectively;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes was restored, and the victim did not want the punishment of the defendant. However, the defendant has several times of larceny crimes including the previous criminal records of suspended execution, and this case was committed during the suspended execution period due to habitual larceny. Although the defendant recognized his/her mistake in the court, he/she did not err by being investigated by the police and the prosecution.