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(영문) 수원지방법원 평택지원 2018.05.03 2017고단2045
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

Punishment of the crime

On August 30, 2017, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Road Traffic Act (unlicensed Driving) in the Suwon District Court’s Pyeongtaek District Court on August 30, 2017, and the judgment became final and conclusive on September 7, 2017, and is currently under suspension of execution.

The Defendant driven a motor device bicycle without obtaining a bicycle license and delivered milk without registration. On the other hand, the Defendant was aware that the Defendant would control the police officer and be punished for driving without a license, etc. when driving the above-registered substitute machine without registration number plate, and thus, he was able to steal another substitute machine number plate and attach it on the above-registered substitute machine.

1. On April 4, 2017, around 01:00, the Defendant: (a) cut off the registration number plates attached to the above Oralba, which the victim C was parked in, around 99 Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong; and (b) cut off, with the victim C removed the registration number plates attached to the above Oralba.

2. The Defendant illegally used air defense, as seen above, used D registration number plates that stolen as above at the time, time, and place of the above 1.1. The Defendant attached and used D registration number plates on the Defendant’s non-registered urbane.

Accordingly, the defendant used the registration number plate, which is the mark of public office, for the purpose of exercising the right.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 329 of the Criminal Act applicable to the facts constituting an offense (the intention of Section 329 and the choice of imprisonment) and Article 238 (1) of the Criminal Act (the illegal use of official marks);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same 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. An order to attend a course under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is as follows: (a) details leading to the theft by the Defendant; and (b) the fact that the instant crime was committed before the judgment of suspended execution became final and conclusive.

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