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(영문) 울산지방법원 2017.08.24 2017고단215
절도등
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

Criminal facts

1. On October 2015, the Defendant: (a) discovered the FObane owned by the victim E (39 years of age) who was parked in Ulsan-dong, Ulsan-gu, Ulsan-do; (b) separated the number plate from the pentab in front of the D shop located in Ulsan-gu, Ulsan-do; and (c) separated it from the pentab in front of the victim E (39 years of age); and (d) then stolen it.

2. The Defendant illegally used air defense, at the time and place specified in the foregoing paragraph 1, affixed the above F number plate that stolen as above on the Defendant’s unregistered urbane.

Accordingly, for the purpose of exercising, the defendant used the above number plate, which is the symbol of public office, unlawfully as if he had a legitimate title.

3. The Defendant, who illegally used official marks, operated an Oba, with the number plate unlawfully attached from the date and time indicated in the foregoing paragraph 2 to August 23, 2016, from the day when it was indicated in the foregoing paragraph 2 to August 21:30, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. Results of factual inquiries into E by this Court;

1. Statement made to I by the police;

1. Voluntary accompanying reports, internal investigation reports (Attachment to a ledger closed of a F two-wheeled vehicle), investigation reports (verification of a parking lot register), occurrence reports (thief), stolen materials on a stolen vehicle, internal investigation reports, seizure records (voluntary submission), investigation reports (investigation of evidence against the victim);

1. The defendant and his defense counsel argued to the effect that, at the time of the defendant's being granted the right to dispose of the Otobane from one of the users of Otobane in this case, it would not be an issue of removing the number plate. Although the number plate was attached to his Obane, there was no operation of the Obane, and thus, the crime of larceny and the crime of gambling in the air of illegal use is not established.

However, according to the evidence duly adopted by this Court, especially the witness G and H's legal statements, and the results of this Court's factual inquiries into E.

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