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(영문) 의정부지방법원 고양지원 2019.08.21 2018고단2677
공기호부정사용등
Text

A defendant shall be punished by imprisonment for a term of six months and a fine of three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On March 2018, the Defendant acquired one motor device bicycle number plate that the victim B was stolen from the victim’s c motor vehicle c motor, bicycle number plate in Goyang-gu, Youngyang-gu, Hongyang-gu, Hongyang-si.

The Defendant, without taking necessary procedures such as returning the acquired property to the victim, embezzled the property he/she had on his/her own mind.

2. On March 2018, the Defendant unlawfully used the number plates embezzled as above by attaching them to the Defendant’s non-registered CITI PL motor motor bicycle, thereby denying the Defendant’s use of C identification number plates.

3. The Defendant, for the purpose of exercising the number plate embezzled as above, exercised the air defense that was unlawfully used by operating the instant CIT PAL US motor motor device, which was attached with the C Number plate from March 2018 to April 13:30, 2018, from March 17, 2018.

4. The Defendant violated the Road Traffic Act (unlicensed Driving) without a motor bicycle driver’s license, and operated the bicycle of the said CIT PAL US engine from around December 2017 to April 13:30, 2018.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Each written statement B and D;

1. The photograph of a license plate of the ozone layer; and

1. Investigation record and list of the police;

1. Application of Acts and subordinate statutes to a report on investigation (the investigation of trading companies purchased by a suspect against soil contamination).

1. Relevant legal provisions for the crime, Article 360(1) of the Criminal Act that prescribes the punishment (the point of embezzlement of stolen articles, the choice of imprisonment), Article 238(1) of the Criminal Act (the point of unlawful use in air defense), Article 238(2) and (1) of the Criminal Act, Article 154 Subparag. 2 and Article 43 of the Road Traffic Act (the point of exercising unlawful use air defense), the choice of fines);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. The defendant committed the reason for sentencing under Article 334(1) of the Criminal Procedure Act.

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