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(영문) 수원지방법원 안양지원 2018.09.04 2017고단2483

절도등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On July 2017, the Defendant: (a) removed and stolen the E number plates of two-wheeled motor vehicle, the victim’s name and non-sicked in the victim’s name, who was established at the same time, in the vicinity of Dhands C in Mayang-gu, Annyang-si; and (b) removed them.

2. On July 2017, the Defendant violated the Automobile Management Act: (a) attached the E number plate that stolen as stated in the preceding paragraph to the Defendant’s LEO VINE two-wheeled vehicle for the purpose of exercising the right; (b) exercised the air defense illegally used by operating the said two-wheeled vehicle during the day-to-day period from sunrise to July 14, 2017; and (c) exercised the said two-wheeled vehicle at the same time, and at the same time, denied the registration number plate.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Relevant legal provisions concerning criminal facts, Article 329 of the Criminal Act of the choice of punishment (absent point, a punishment by imprisonment), Article 238 (1) of the Criminal Act (the unlawful use of public symbols), Article 238 (2) and Article 238 (1) of the Criminal Act (the use of an unlawful exercise of air defense), Article 78 subparagraph 2 of the Automobile Management Act, and Article 71 (1) of the Automobile Management Act (the illegal use of vehicle registration number plates, and the choice of imprisonment);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Article 238(2) of the Criminal Act) (Article 238 of the Criminal Act) and the crime of unlawful use of a motor vehicle registration number plate (Article 78 subparag. 2 and Article 71 of the Motor Vehicle Management Act) are in a commercial concurrent relationship (see Supreme Court Decision 2004Do4621, Sept. 24, 2004).

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 suspended execution;

1. The reason for sentencing under Article 333(1) of the Victims’ Criminal Litigation Act - The defendant reflects the reason for sentencing, the defendant has no criminal records of the same kind of criminal records or suspended execution, the character and conduct of the defendant, environment, circumstances of the crime, circumstances after the crime, etc.