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(영문) 서울중앙지방법원 2014.01.28 2013고단7708
공기호부정사용등
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On January 14, 2010, the Defendant was sentenced to three years by the Seoul Central District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and the execution of the sentence was terminated on October 29, 2012, and on June 14, 2013, the Seoul Northern District Court sentenced five years to imprisonment for a violation of the Act on the Aggravated Punishment, etc., of Specific Crimes, etc., and the judgment became final and conclusive on September 24, 2013.

On March 23, 2013, from around 20:20 to 22:30, the Defendant: (a) removed the front number plate attached to D’s Egyp HG vehicle on the front of the 205-dong Building C, which is owned by D; (b) attached it to the front number plate of the franchise, which the Defendant drives; and (c) illegally used the said vehicle’s registration number plate, which was owned by Hyundai Capital Capital, from that time to the time of cutting off four wheels from the front number plate of the franchise; and (d) exercised the illegal-use air protection.

Summary of Evidence

1. Defendant's legal statement;

1. CCTV photographs (number 17) at the scene of crime;

1. The front photograph of the DNA (number 18 No. 18) of the victim of the number plate theft;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to the inquiry into criminal records, investigation reports (suspect A's dismissal and confirmation of a suspect's dismissal and confirmation), investigation of each individual;

1. Relevant Articles 238 (1) (Unlawful Use of Air Code) and 238 (2) of the Criminal Act concerning facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes (Article 35 of the Act on the Aggravated Punishment, etc. of Specific Crimes, which was sentenced on January 14, 2010)

1. The latter part of Articles 37 and 39 (1) of the Criminal Act (the former part and the latter part of Article 39 of the Act on the Aggravated Punishment, etc. of Specific Crimes against which judgment becomes final and conclusive on September 24, 2013);

1. Of concurrent crimes, an aggravated punishment as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes;

1. The defendant for reasons for sentencing under the latter part of Article 39(1) of the Criminal Act exempted from punishment is the period of repeated crime.

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