beta
(영문) 서울중앙지방법원 2016.03.18 2016고단554

절도등

Text

A defendant shall be punished by imprisonment for six 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 November 24, 2015, around 16:00, the Defendant discovered that at the distance near another high school located in 13:35, South Seocho-gu Seoul, Seocho-gu, Seoul, the property of Seocho-gu, the market price of the victim C, the Defendant: (a) dice dice 5, the market price of which is the victim C, strings and dice 1, the key of which is the victim C; (b) dice 1, the Defendant stolen the said creh that caused the negligence of surveillance.

2. On November 24, 2015, around 17:00 on November 24, 2015, the Defendant used the official sign by putting the number plate attached to the Defendant’s previous ownership on the off-road parking lot of Seocho-gu Seoul, Seocho-gu, Seoul, for the purpose of removing and exercising the number plate attached to the off-to-land, such as the statement in paragraph 1, at the apartment parking lot of Seocho-gu, Seoul, where the Defendant was the residence of the Defendant. From around that time to November 22:0, 2015, the Defendant used the illegally used air by putting the number plate attached to the off-to-land, which was owned by the Defendant without authority. From that time, the Defendant exercised the air defense that was used unlawfully by driving the stolen off-to-land in Seocho-gu Seoul and Seocheon-si, Seoul, with the aim of exercising the number plate attached to the off-to-land.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Protocols of each seizure and list of seized articles and photographs thereof;

1. Application of statutes governing completion of a report on use of a two-wheeled motor vehicle;

1. Article 329 of the Criminal Act applicable to the facts constituting an offense (a point of intention, choice of imprisonment), Article 238 (1) of the Criminal Act (the point of unlawful use of official marks) and Article 238 (2) and Article 238 (1) of the Criminal Act (the point of unlawful use of air defense) of the same Act;

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 stay of execution (see, e.g., Supreme Court Decision 62 (1) (i.e., Supreme Court Decision 201Da1448, Apr. 2

1. Article 48 (1) 1 of the Criminal Act to be confiscated;