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(영문) 울산지방법원 2020.11.26 2020고단2674

절도등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On June 15, 2019, in front of the recycling treatment plant in Ulsan-gu B apartment, Ulsan-gu, Seoul-gu, the Defendant: (a) was stolen by taking advantage of a steel monstr in advance, and removing the number plate from it in front of the market price of the victim who was the victim’s possession that the victim C set up and installed at that place; and (b) the victim’s use of a steel monr.

2. The Defendant, at the time and place specified in Paragraph 1, illegally used air defense, and illegally used air defense events, posted the number plate of the otobs that stolen as above to the obstourian owned by the Defendant, and operated the above obstobs, air, from that time until April 27, 2020.

Accordingly, for the purpose of exercising, the Defendant used the above number plates, which are the marks of public offices, unlawfully as if they had legitimate authority, and exercised them.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the victim's oral statement, report on the occurrence of traffic accidents, and investigation report on actual condition of the victim's oral statement, the ozone photographs of the suspect, and photographs of damaged vehicles;

1. Selection of imprisonment with prison labor for the selected larceny of a punishment under Article 238(2) of the Criminal Act, Article 329 of the Criminal Act, Article 238(1) of the Criminal Act, and Article 238(2) of the Criminal Act regarding criminal facts;

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

1. Article 62 (1) of the Criminal Act;

1. The crime of this case with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is a theft of another person's ozone number plate, which is air air, and attach it to one's own bar, and the period of exercising the illegal use air is not shorter than the period and not less than the quality of the crime. Meanwhile, the defendant recognized the crime, and there is no criminal power for the same crime, and the motive and circumstance of the crime, method and result of the crime, circumstances after the crime, the defendant's age, environment, criminal record relation, etc. shall be determined as ordered by the order, taking into account all the factors of sentencing such as the punishment conditions.