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(영문) 서울동부지방법원 2017.01.19 2016고단3292

절도등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On January 2016, the Defendant: (a) reported on the parking of Eone Star Co., Ltd. owned by the victim D in the street around Daejeon-gu Daejeon, Daejeon-gu; and (b) was operated by the Defendant around that time;

The Fran vehicle's front number plate is kept in custody and the vehicle operation is difficult, and the Fran vehicle's license plate was taken to steal the above Lone Star vehicle's license plate, and it was removed from the Fone Star vehicle's license plate to cut off the number plate.

2. On January 21, 2016, at the Defendant’s house parking lot located in Daejeon Jung-gu, Daejeon, the Defendant illegally used the official sign by attaching a stolen E number plate as referred to in paragraph (1), and continuously operated the E number plate until April 21, 2016, for the purpose of exercising the right at the Defendant’s house parking lot located in Jung-gu, Daejeon, Daejeon, as if he were duly issued a stolen E number plate to the front part of the Defendant’s car.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Protocols of seizure and list of seizure, investigation reports and application of each photographic statute;

1. Relevant provisions of the Criminal Act, Article 329 of the Criminal Act that provides for the choice of punishment (a point of intention, a choice of imprisonment), Article 238 (1) of the Criminal Act (a point of unlawful use of official marks) and Article 238 (2) and Article 238 (1) of the Criminal Act for the crime (a point of exercising an illegal use air defense);

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. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 62 (1)