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(영문) 인천지방법원 2014.07.09 2014고단3540

절도등

Text

A defendant shall be punished by imprisonment for six months.

except that 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

The defendant, who is the owner of the LAB, is operating the X-gu car, and was seized the front number plate of the above vehicle due to tax delinquency, and was willing to steal the front number plate of the other vehicle and attach it to the defendant's vehicle.

1. Around 20:00 on May 10, 2014, at the parking lot located in Nam-gu, Incheon Metropolitan City, the Defendant: (a) laid down and stolen F. B. 38,800 won at the victim E, which is owned by the victim E, the number plate prior to the closure of the f.8,800 won.

2. The Defendant unlawfully used the Defendant’s automobile registration number plate which was stolen as above at the above date and at the above location, to attach it to the Defendant’s ray X-ray vehicle before the Defendant’s use.

3. The Defendant, at the above date and time, exercised an air defense that was unlawfully used by operating the above TRa x-ray vehicle with a stolen registration number plate attached from the above place to the 103-dong G apartment 103-dong, Nam-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of statutes on site photographs;

1. Relevant Article 329 of the Criminal Act, Article 78 subparagraph 2 of the Automobile Management Act, Article 71 (1) of the Automobile Management Act, Article 238 (1) of the Criminal Act, Article 238 (2) and Article 238 (1) of the Criminal Act concerning facts constituting an offense (a point of using a registration license plate illegally), Article 238 (2) and (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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 (see, e.g., Supreme Court Decision 62 (1));