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(영문) 수원지방법원 안양지원 2020.01.21 2019고단2205

공기호부정사용등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. Around March 2019, the Defendant embezzled one registration number plate of the D Two-wheeled Automobile, the victim C lost, at the first floor parking lot of the Mayang-gu B building in Ansan-gu, Ansan-si, and then embezzled the idea that he/she had without following necessary procedures, such as returning it, etc.

2. Around March 2019, the Defendant illegally used the registration number plate, which is the symbol of a public office, by attaching the said registration number plate to a mixed WW125EX2, owned by the Defendant for the purpose of exercising the said registration number plate in the above parking lot.

3. At around 08:55 on August 27, 2019, the Defendant used the two-wheeled automobiles illegally used by driving the two-wheeled automobiles over 13 times from around 600 meters away from the above building B to the front of the F Station located in Ansan-gu, Ansan-si, and used the two-wheeled automobiles as indicated in the attached list of crimes, from around that time to September 16, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. C’s petition;

1. Application of the CCTV image photograph and the Acts and subordinate statutes on victim identification number plates submitted by the suspect;

1. Relevant Article 360 (1) of the Criminal Act, the choice of punishment for the crime, Article 360 (1) of the Criminal Act (the point of embezzlement of stolen articles, the choice of imprisonment), Article 238 (1) of the Criminal Act (the point of unlawful use of air), and Article 238 (2) and (1) of the Criminal Act;

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

1. The suspended sentence under Article 62(1) of the Criminal Act is determined as being the same as the disposition, comprehensively taking into account the following factors: (a) the agreement with the victim regarding the crime of embezzlement of stolen items for the reason of sentencing under Article 62(1) of the Criminal Act; (b) the primary offender; and (c) the Defendant’s age