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(영문) 인천지방법원 2019.02.15 2018고단8695
절도등
Text

The defendant shall be punished by imprisonment with prison labor for the crime of larceny and illegal use of air.

Reasons

Punishment of the crime

[Criminal Power] On September 21, 2018, the Defendant was sentenced to a suspended sentence of four months by imprisonment with prison labor at the Incheon District Court on September 21, 2018, and the judgment became final and conclusive on September 29, 2018.

【Criminal Facts】

1. On July 2, 2018, the Defendant: (a) removed and stolen the front number plate of the victim B C MT truck, which was parked in the street side of the Dong office Dong office of Bupyeong-gu, Incheon, Busan, Busan, about 4 Dong-dong, Dong office; (b) the Defendant removed and stolen the front number plate of the victim B.

2. On July 2018, the Defendant illegally used air defense, 2018, posted C’s front number plate, which was stolen, as described in paragraph 1, to the Defendant’s Fwning and freight cars at the front parking lot of Bupyeong-gu Incheon Metropolitan City D apartment E-dong, and attached it to the number plate.

Accordingly, the defendant used air illegally for the purpose of exercising the right.

3. On October 22, 2018, the Defendant: (a) around 16:57, 2018, carried the number plate attached, as described in paragraph (2), in the Incheon, Gimyang Expressway, the South Cheongdok Island, which was located in Seo-gu Incheon, Seo-gu, Seo-gu, Incheon, and exercised an air defense that was used unlawfully by operating the F-wing truck as indicated in paragraph (2).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. The police seizure record and the list of seizure;

1. Photographs of vehicles and the register of automobiles;

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (Attachment to the same type of crimes);

1. Relevant Article 329 of the Criminal Act, Articles 329 of the Criminal Act, Article 238 (1) of the Criminal Act, and Article 238 (2) and (1) of the Criminal Act concerning facts constituting an offense;

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. The reason for sentencing under Article 48(1)1 of the Criminal Act shows the appearance that the defendant confessions the crime and reflects the mistake.

Persons, including the defendant's wife, have led the defendant and request the preference.

The defendant has economic difficulties.

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