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(영문) 춘천지방법원 2016.06.16 2015고단1264
점유이탈물횡령등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

The defendant is a person who is engaged in driving a non-registered Vietnam bicycle.

1. On August 26, 2015, the Defendant: (a) obtained a bicycle license plate of “D” motor device, the victim C lost; and (b) embezzled it on his/her own thought that he/she had without following necessary procedures, such as returning property acquired by the victim; and (c) embezzled it.

2. On August 29, 2015, the Defendant illegally used air defense signs by attaching it to the Defendant’s Vietnam non-motor bicycle for the purpose of exercising the number plate owned by another person embezzled as set forth in paragraph 1 at an insular place in Seoul and around August 29, 2015.

3. On August 29, 2015, from around September 16, 2015 to September 3, 16:00, the Defendant exercised the air defense that was illegally used by the operation of the bes-to-land in Seoul City, including the front road of the F Pharmacies located in Jongno-gu Seoul, Jongno-gu Seoul.

4. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not mandatory insurance;

Nevertheless, around September 16:10 on September 3, 2015, the Defendant operated the above Obae that was not covered by mandatory insurance on the front side of the F pharmacy located in Jongno-gu Seoul Metropolitan Government E.

Summary of Evidence

1. Statement by the defendant in court;

1. Detailed data and investigation reports on stolen and stolen vehicles (cases of application for cancellation of seizure number plates);

1. A traffic accident report;

1. Vehicle photographs;

1. Police seizure records;

1. Inquiries about mandatory insurance (Application of D statutes);

1. Relevant legal provisions concerning criminal facts, Article 360(1) of the Criminal Act (the embezzlement of deserted articles in possession), Article 238(1) of the Criminal Act (the illegal use of public symbol), Article 238(2) and Article 238(1) of the Criminal Act (the use of unlawful use air defense), Articles 46(2)2 and 8 of the Guarantee of Automobile Compensation Act (the use of mandatory insurance), and each choice of imprisonment;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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