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(영문) 대전지방법원 2015.07.15 2015고단1298 (1)

자동차관리법위반등

Text

A defendant shall be punished by imprisonment for not less than eight 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 February 1, 2014 to around the 15th day of the same month, the Defendant stolen the thief by using the electric tools prepared in advance the number plate in front of the victim C’s house located in Daejeon Seodong-gu B, the front of the foregoing victim’s Dolle-ner vehicle parked therein, and then using the electric tools prepared in advance.

2. The Defendant violated the Automobile Management Act, illegally used air defense, and illegally used air defense events, at the same time and place as set forth in paragraph (1), posted D number plates, a stolen air defense unit, after E.S., and operated the said vehicle even from around that time to March 19:30, 2015, even from around the time to March 24, 2015, up to the 97 U.S. S. Sik-gu, Daejeon U.S. Sikdong-gu, Daejeon.

In order to exercise, the defendant used a motor vehicle registration number unlawfully, and exercised a motor vehicle registration number unlawfully used.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of seizure and the list of seizure;

1. Each statement of F, G, and C;

1. Application of each statute on photographs;

1. Relevant legal provisions concerning criminal facts: Article 329 of the Criminal Act; Article 238 (1) of the Criminal Act; Article 238 (2) and (1) of the Criminal Act; Article 238 (1) of the Criminal Act; subparagraph 2 of Article 78 and Article 71 (1) of the Automatic Control Act ( point of unlawful use of the registration number plate);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the crime of unlawful use of air in the market and the crime of violating the Automobile Management Act shall be punished by imprisonment with prison labor which is prescribed for the crime of violating the Automobile Management Act with heavier punishment);

1. Theft of punishment and selection of imprisonment with prison labor for a violation of the Automobile Management Act as stated in the judgment;

1. Of concurrent crimes, the provision of the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed for a violation of the Automobile Management Act with the heavier punishment);

1. Article 62 (1) of the Criminal Act ( considered as the following favorable circumstances):

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. [the scope of recommendations].