beta
(영문) 인천지방법원 2016.10.13 2016고단4765

특수절도등

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

On August 31, 2016, the Defendant was sentenced to four months of imprisonment for fraud at the Incheon District Court, and the judgment became final and conclusive on September 8, 2016.

1. In order to receive money from D, at around 01:0, around April 30, 2016, the Defendant and C entered into the said D's house located in Nam-gu Incheon, Nam-gu, Incheon, but did not met. The Defendant conspired to remove the F's number plate in front of the F's car managed by the said D', which was in front of the house, by removing the F's number plate in front of the F's store store, and the Defendant reported the network, and A removed the front number plate in front of the franchiseer car, and carried out the above number plate.

Accordingly, the defendant stolen the property owned by the victim together with A.

2. No registration number plate and seal attached to a motor vehicle violating the Motor Vehicle Management Act shall be removed without obtaining permission from the competent Mayor/Do Governor;

Nevertheless, the defendant, by public offering with C, did not obtain permission from the competent Mayor/Do Governor, and at the same time, at the same place as in paragraph 1, and at the same time and place as in paragraph 1, removed the Frane car owned by D and the registration number plate and the seal attached in front of the Frane car.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Statement made to D by the police;

1. Investigation report (cases concerning recovery of damaged articles and unclaimed articles);

1. Previous records: Criminal records, copies of each judgment, and application of Acts and subordinate statutes of the Supreme Court's search and output;

1. Relevant legal provisions concerning facts constituting an offense, Article 331 (2) and (1) of the Criminal Act (the point of multiple larceny), Article 81 subparagraph 1 of the Automobile Management Act, Articles 10 and (2) of the Automobile Management Act, Article 30 of the Criminal Act;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;