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(영문) 인천지방법원 부천지원 2017.09.08 2017고단1342
절도등
Text

A defendant shall be punished by imprisonment for not less than eight 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 March 3, 2017, the Defendant, as of 06:00 as of the first half of 2017, was aware that the victim D was lost and returned to the victim with two registration number plates for the business use of the “E” owned by the Defendant, without following necessary procedures such as returning it to the victim.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. On May 10, 2017, the Defendant illegally used the registration number plate for vehicles with air friendly in order to exercise two of the registration number plate for the “E”, which was stolen as described in paragraph 1, in the notice parking lot for the above high-air rolling stock (F non-business registration number plate) at the front and rear of the freight truck (F non-business registration number plate) by attaching two of the registration number plate for vehicles with air friendly in front and rear each.

3. On May 10, 2017, around 07:29, the Defendant exercised the air defense that was unlawfully used by Defendant’s M&A by operating approximately 1km section from the Do prior to the notice of the vehicle of the J-JA to the front road of the 4-lane in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, with two registration number plates attached to the “E” business, as described in paragraph 2.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police against D;

1. Investigation report (verification, etc. of witnesses of vehicles with theft number plates), investigation report (Attachment of CCTVs related to verification of license plates of used vehicles), investigation report (Attachment of photographs related to verification of license plates of used vehicles);

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

1. Automobile registration certificate (E);

1. Application of Acts and subordinate statutes to the field, photographs of damaged vehicles, CCTV photographs, and photographs of used vehicles;

1. Article 360(1) of the Criminal Act applicable to the crime, Article 360(1) of the Act on the Selection of Criminal Punishment (the embezzlement of deserted articles in possession, the choice of imprisonment), Article 238(1) of the Criminal Act (the illegal use of public marks) and Article 238(2) of the Criminal Act.

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