beta
(영문) 서울서부지방법원 2017.05.26 2017고단536

절도등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On January 10, 2017, at around 21:00, the Defendant: (a) removed the number plate of the victim C, “D” owned by the victim who was on the road near the Y 341, Nowon-gu, Seoul Special Metropolitan City, from the Raber, and stolen it.

2. On January 10, 2017, the Defendant illegally used air defense, attached the number plate, “D”, as stated in the foregoing 1. paragraph, to the Defendant’s dwelling near the Defendant’s apartment in Gangnam-gu, Seoul, with a view to exercising it in the vicinity of the Defendant’s dwelling place.

3. On January 12, 2017, the Defendant, at around 17:00, exercised the illegally used air defense by attaching and operating a number plate, which is the air 'D', which was stolen from approximately 15 km to the road front of Yongsan-gu Seoul, Yongsan-gu, Seoul, to the Defendant’s residence in the apartment complex E-gu, Gangnam-gu, Seoul.

4. On January 12, 2017, the Defendant violated the Guarantee of Automobile Compensation for Damages: (a) the Defendant, as the owner of the registered 125cc., was prohibited from operating Obane without mandatory insurance; (b) on January 12, 2017, the Defendant operated Oba, which failed to purchase mandatory insurance on the road at the section of paragraph 3.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. G statements;

1. Application of Acts and subordinate statutes to inquiries into actual conditions, reports on occurrence, records of seizure, list of seizure, photographs, and mandatory insurance;

1. Relevant Article 329 of the Criminal Act concerning the crime, the choice of punishment (absent point, an option of 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 unlawful use air defense), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the use of mandatory insurance and the choice of imprisonment with labor);

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 fact that the sentencing of Article 62-2 of the Criminal Act is against the reason, the fact that there is an agreement with the victim, such as theft, and the one time.