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(영문) 울산지방법원 2014.11.21 2014고단2647
절도등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

1. A thief: (a) around 03:00 on March 5, 201, the Defendant: (b) driven and stolen the Victim C’s market value equivalent to KRW 2 million at the victim’s market value, which was parked in front of Ulsandong-gu B, Ulsan-gu, Seoul-do.

2. At around 02:00 on March 10, 201, the Defendant found the Victim F’s GOtoba number plate owned by the victim on the front day of the two-minutes of the Yongsan Saemaul Bank of Ulsan-gu, Ulsan-gu, Ulsan-gu, Seoul-do.

The Defendant did not take necessary procedures, such as returning the acquired property to the victim, but did so.

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

3. At around 03:00 on March 10, 201, the Defendant: (a) removed the number plate of DVL125 124cc, which was stolen, as described in paragraph (1), from the Defendant’s house located in Ulsan-dong, Ulsan-dong; (b) removed the number plate of DaVL125 124cc, which was embezzled as described in paragraph (2); and (c) unlawfully used the registration license plate of Otop, air otop, which was the air, by attaching the number plate so embezzled as described in paragraph (2), from that place; and (d) exercised the air otop, which was used unlawfully by operating the above Otop from that time until July 23, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A written statement prepared in C;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to the register of two-wheeled automobiles;

1. Relevant Article 329 of the Criminal Act, the choice of punishment, Article 329 of the Criminal Act, Article 360 (1) of the Criminal Act, Article 238 (1) of the Criminal Act, Article 238 (2) and Article 238 (1) of the Criminal Act, and Article 238 (1) of the Criminal Act, which govern the crime;

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

1. Article 62 (1) of the Criminal Act;

1. The defendant with the reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order shall steals and lose his/her wrong land owned by another person.

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