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(영문) 수원지방법원 2017.04.21 2017고단786
절도등
Text

A defendant shall be punished by imprisonment for six 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 November 25, 2016, the Defendant stolen a number plate of another vehicle owned by the victim D, which was parked at the same time, in front of the Sungdo church, 7-3, which was located in 7-3, in the e-mail, due to the unpaid automobile tax, and was unable to operate the said vehicle due to the attachment of the front number plate of the E-UP car owned by the Defendant due to the failure to pay the automobile tax, and thus, it was deemed that the Defendant stolen the number plate of the said vehicle and attach it to the said vehicle. Accordingly, the Defendant cut off the number plate of the said vehicle owned by the victim D.

2. On November 26, 2016, the Defendant: (a) attached a stolen C Number plate to E-car owned by the Defendant on the front road of F in order of the mid-term 20:30 square meters; and (b) used it unlawfully by attaching it to the E-car with a high-speed car owned by the Defendant.

3. On December 3, 2016, the Defendant exercised an air defense that was illegally used by running the said low-speed car at approximately 28 km section from the front to the front road of Ansan-si at Ansan-si, 06:0 on December 3, 2016.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to damaged vehicles, photographs of the victimized vehicles and vehicles, and the like;

1. Relevant Article 329 of the Criminal Act and Articles 329 (Aggravated Punishment, Selection of Imprisonment), 238 (1) (Unlawful Use of Official Marks), 238 (2) and 238 (1) of the Criminal Act concerning facts constituting an offense;

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 stay of execution. Article 62 (1) of the Criminal Act on the condition that the following sentencing is considered favorable;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders;

1. The reason for sentencing of Article 333(1) of the Victim Return Criminal Procedure Act lies in: (a) that the Defendant’s reason for sentencing is against the instant crime in depth and did not repeat the instant crime; (b) the vehicle registration number plate of the Defendant’s vehicle was kept in custody due to the delinquency of automobile tax; and (c) the registration number plate was kept in custody as in the same way as the Defendant

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