beta
(영문) 서울서부지방법원 2021.03.31 2021고단164

절도등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 22, 2020, at around 22:00, the Defendant: (a) removed E number plates attached to VF125 Obama owned by the victim and parked there; and (b) cut off on the front way of “C,” located in Eunpyeong-gu Seoul, Seoul; and (c) subsequently, the Defendant committed theft.

2. On August 23, 2020, the Defendant: (a) attached a stolen E number plate, such as the foregoing paragraph 1, to the Non-registered CA1105 Meba, where the Defendant had operated, at a non-place located in Eunpyeong-gu Seoul Metropolitan Government, and (b) around August 16, 2020.

Accordingly, the defendant used the above number plates, which are the marks of public offices, for the purpose of exercising them.

3. The Defendant committed the crime of aiding and abetting the illegally used air, with the number plates attached in paragraph (2) from around the date specified in paragraph (2) to August 27, 2020, the Defendant operated the off-to-land with the number plates attached in paragraph (2) from Eunpyeong-gu Seoul around the day to August 27, 2020.

Summary of Evidence

1. Application of the Act and subordinate statutes on the screen by cutting off a two-wheeled vehicle written statement D in the Defendant’s legal statement (E) a victim’s ozone photographs and CCTV images;

1. Selection of imprisonment with prison labor for the selective larceny of a punishment under Article 329 of the relevant Criminal Act (abstinence of intention), Article 238(1) of the Criminal Act (abstinence of unlawful use), Article 238(2) of the Criminal Act (abstinence of unlawful use) of the Criminal Act (abstinence of unlawful use)

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

1. The crime of this case on the ground of sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution is not likely to be a crime that the defendant steals a number plate, which is air defense from another person's ozone layer, and uses it on one's own surface.

On the other hand, the period for the defendant's use of illegal air is less than 4 days.

The defendant is the first offender and the injured person does not want to punish the defendant.

In addition, the sentencing conditions in this case, such as the defendant's age, sex, environment, motive for the crime, and circumstances after the crime, etc., shall be determined as ordered by considering the various sentencing conditions as shown in the records and arguments of this case.