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(영문) 서울중앙지방법원 2016.09.20 2016고단4463
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 10, 2014, around 22:00, the Defendant: (a) removed the car registration number plate of the victim C in his/her hand from the alley road near Gwanak-gu, Seoul Special Metropolitan City; and (b) stolen it for the purpose of his/her use.

2. Illegal use of air defense;

A. On October 2015, the Defendant unlawfully used the D Motor Vehicle Registration Number Board, which was purchased by the Defendant at his/her residence located in Gwanak-gu in Seoul Special Metropolitan City, for the purpose of using D Motor Vehicle Registration Number Board as above, and attaching D Motor Vehicle Registration Number Board to CBR 650F Roba, purchased around that time.

B. On January 18, 2016, the Defendant had been attached to CBR 650F, without registration, at the above residence.

D. After removing a car registration number plate, the above car registration number plate, which was purchased at that time, was illegally used for the purpose of exercising by attaching it to the T09 MaT09 Baba.

3. On March 16, 2016, the Defendant exercised the air defense that was unlawfully used by the Defendant by operating the MaT09 Oral MT09 M&A, which had attached the D Motor Vehicle Registration Number Board, as described in paragraph 2-b, at the front of the 2-be, Ansan-si, Ansan-si, Ansan-si, Busan-si, as indicated in the foregoing paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Application of the relevant Acts and subordinate statutes to detailed data on the stolen and stolen vehicles;

1. Relevant provisions of the Criminal Act, Article 329 of the Criminal Act that provides for the choice of punishment (a point of intention, a choice of imprisonment), Article 238 (1) of the Criminal Act (a point of unlawful use of official marks) and Article 238 (2) and Article 238 (1) of the Criminal Act for the crime (a point of exercising an illegal use air defense);

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 reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is not good in light of the circumstances leading up to the Defendant’s crime of this case. However, the facts of this case are recognized and wrong, there is no record of being punished or punished beyond the fine for the same kind of crime, and the Defendant’s person.

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