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(영문) 대구지방법원 포항지원 2017.09.28 2017고단991
자동차관리법위반등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A theft: (a) on March 19, 2017, the Defendant discovered the Crocketing car owned by the injured party B, which was parked on the road in front of the entrance of the Nam-gu 1,000 apartment house located in the said road, in front of the entrance of the Nam-gu 1,333 apartment site; and (b) removed the Cautomobile registration number plate, which is owned by the injured party, which is attached in front of the other car, in front of the said car, and stolen the said car.

2. Violation of the Automobile Management Act and the unlawful use of air defense by the Defendant: (a) on March 20, 2017, the Defendant was normally operated by the Defendant in Nam-gu, Nam-gu, at around 06:20 on March 20, 2017

E Launa vehicle was stolen as stated in paragraph 1, and the registration number plate was attached to the vehicle registration number plate was used unlawfully and simultaneously with the purpose of using the registration number plate in accordance with the Automobile Management Act.

3. From the date of entry in paragraph 2 to the date of 06:45 on the same day, the Defendant used the marks of public offices for unlawful use by operating a small-scale car with a registration number plate specified in paragraph 2 from the place specified in paragraph 2 to the G Hospital parking lot located in the same Gu F Hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Application of each statute on photographs;

1. Article 329 of the Criminal Act (a point of view in Section 1), Article 238 (1) of the Criminal Act (a point of use by proxy), Article 78 subparagraph 2 of the Automobile Management Act, Article 71 (1) of the Automobile Management Act (a point of use by proxy of registration number plates) and Article 238 (2) and Article 238 (1) of the Criminal Act (a point of use by proxy of air defense) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor for a crime of selective larceny of punishment and violation of the Automobile Management Act;

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 suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing of Article 333(1) of the Restitution of Criminal Procedure Act lies in the confession of the facts charged in the instant case and the defendant has no particular criminal record in addition to the fine.

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