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(영문) 광주지방법원 2019.06.21 2019고단1653
절도등
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 2018, the Defendant removed and stolen the front registration number plate of Dicscar car owned by the victim C, which was parked in Btel in the front of the public parking lot of Btel at Btel at Btel at the time of Ghana.

2. The Defendant violated the Automobile Management Act by unlawful use of air defense, and the vehicle registration number plate was used unlawfully by attaching it to the Defendant’s rocketing car owned by the Defendant, which was kept in custody, for the purpose of exercising a stolen D number plate in the same manner as the date, place specified in paragraph (1), and paragraph (1).

3. On August 2018 and September 27, 2018, the Defendant: (a) attached a D registration number plate to the said rocketing car and exercised the air defense that was illegally used by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (victim C telephone communications);

1. Inspection of each car register and each car register;

1. Application of Acts and subordinate statutes to each vehicle photograph;

1. Article 329 of the relevant Criminal Act, Article 238 (1) of the Criminal Act, Article 78 subparagraph 2 of the Automobile Management Act, Article 71 (1) of the Automobile Management Act, and Article 238 (2) and Article 238 (1) of the Criminal Act concerning facts constituting an offense (a point of unlawful use of a registration license plate);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the crimes of unlawful use of air defense and the crimes of violation of Automobile Management Act);

1. Optional larceny of punishment and choice of imprisonment with prison labor for a violation of the Automobile Management Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing of Article 62(1) of the Criminal Act on the suspension of execution does not cause the actual damage to the automobile registration number plate of this case as the theft act in the condition that the automobile was left unattended for a long time, and the defendant does not lead to the crime of this case with the intention of committing another crime, and the same criminal record is the same.

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