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(영문) 수원지방법원 여주지원 2017.02.07 2016고단1425
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

The defendant, on the grounds that the viewing of Leecheon was delinquent in local taxes of the defendant, kept a number plate after the passenger car owned by the defendant on the ground that the defendant was delinquent in local taxes, was stolen from a vehicle owned by another person and sentenced to attachment and operation after the above vehicle.

1. A thief: (a) around 10:00 on September 13, 2016, the Defendant: (b) removed and stolen the seals of the front number plate in front of the victim E’s white blaps owned by the victim E, parked in the “D” side of the “D” in Ischeon-si, E.

2. On September 25, 2016, the Defendant violated the Automobile Management Act, with a view to exercising the F number plate that stolen as above at the same time and at a place as set forth in paragraph (1) of the same Article, illegally uses the air straw, attaching the F number plate, which was attached to the Defendant’s ownership, and exercised the said F number plate by operating the said strawing car, which was attached to the said F number plate at the Changdong-dong and New Myeon-dong, e.g., the Defendant, from September 25, 2016.

Accordingly, the Defendant used a car registration plate which is air straw and exercised it, and at the same time used a car registration number plate unlawfully.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Seizure records;

1. Application of statutes on site photographs;

1. Article 329 of the relevant Criminal Act (a point of intention) for the crime, Article 238 (1) of the Criminal Act (a point of illegal use), Article 238 (2) and Article 238 (1) of the Criminal Act (a point of exercising an illegal air defense) for the crime, and Articles 78 subparagraph 2 and 71 (1) of the Automobile Management Act (a point of illegal use of an automobile registration number plate);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (limited to the crimes of unlawful use of official marks, the crimes of intent to hospit in the irregular air, and the crimes of violation of the Automobile Management Act);

1. Selection of imprisonment with prison labor for a crime of larceny of selective punishment, or 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 stay of execution (Article 62 (1) of the Criminal Act on the grounds for sentencing as follows);

1. The Act on the Observation of Protection, etc. of Social Service Order under Article 62-2 of the Criminal Act;

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