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(영문) 울산지방법원 2015.10.19 2015고단1640

절도등

Text

The sentence of sentence against the defendant shall be suspended.

The victim B shall have one (No. 1) number plate (No. 1) which has been seized.

Reasons

Punishment of the crime

1. On March 12, 2015, at around 20:0, the Defendant: (a) discovered the victim B, the victim B, who was parked therein, on the roads adjacent to the Jeju-dong gas station located in Ulsan-gu, Ulsan-gu; and (b) took advantage of the crepans that were kept in and around the vicinity, separated the number plates from the above siba, using the tools kept in and around the Defendant’s siba, and stolen them.

2. At around 10:00 on March 13, 2015, the Defendant illegally used air defense, at the front of the Defendant’s residence located in Ulsan-dong F, Ulsan-gu, the Defendant attached the above E number plate that was stolen as of the foregoing 1.

Accordingly, for the purpose of exercising, the defendant used the above number plate, which is the symbol of public office, unlawfully as if he had a legitimate title.

3. From the date and time of the foregoing 2. to April 2, 2015, the Defendant operated an off-to-land where the above number plate was unlawfully attached in Ulsan-dong, Ulsan-gu from the day of the foregoing 2. to April 07:30, 2015, and exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of the Acts and subordinate statutes to the seized number plates;

1. Article 329 of the Criminal Act, Article 238 (1) of the Criminal Act, and Article 238 (2) and (1) of the Criminal Act, concerning facts constituting an offense (the point of exercising unlawful use air defense);

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

1. Four months of imprisonment to be suspended;

1. The suspended sentence states that there is no criminal power except a fine of 300,000 won due to the violation of the Military Service Act under Article 59(1) of the Criminal Act, and that the Defendant continued to go beyond the same place in the investigative agency and committed a crime. The Defendant stated that he/she had no principal person. Even according to the victim’s statement, the Defendant was also on March 10, 2015 in the vicinity of the place where the accident occurred, where he/she did not take place after driving the damaged dumba while driving the damaged dumba around the same day.