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(영문) 수원지방법원 성남지원 2017.09.12 2017고단1226
절도등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 9, 2015, the Defendant, as the owner of the vehicle B, was placed in custody with the registration number plate of the vehicle in front of the said vehicle on the grounds of delinquency in administrative fines related to the vehicle from the police station of the Seocho-gu Seoul Metropolitan Government around December 9, 2015, and sentenced the Defendant to steals the registration number plate of the vehicle owned by another person for the purpose of continuing to operate the said vehicle and attaching it to the said vehicle.

1. On December 14, 2015, the Defendant: (a) removed the number plate prior to a driver’s vehicle as a gallon managed by the victim C, who was parked in the street near the stallon in which it is impossible to know the trade name at the city of tolerance on December 14, 2015; and (b) removed the number plate from it by hand.

2. On January 2016, the Defendant illegally used the Plaintiff’s car registration number plate, which was attached to the front registration number plate of a car owned by the Defendant for the purpose of exercising the D motor vehicle registration number plate which was stolen as described in paragraph 1 at the underground parking lot of the apartment apartment apartment, a light-name shower, a light-name shower located in the Suwon-si-si Si, Sin-si (Seoul-si), which was located in the water zone.

3. The Defendant, who illegally used a public sign, operated a car from January 2, 2016 to March 12, 2017, with the above D’s registration number plate attached from the day of Gyeonggi-do.

Accordingly, the defendant exercised the illegally used air defense.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A protocol of seizure and a list of seizure;

1. Original register of each motor vehicle registration;

1. Application of Acts and subordinate statutes governing vehicle photographs;

1. Relevant provisions of the Criminal Act, Article 329 of the Criminal Act that provides for the choice of punishment (a point of intention, a choice of imprisonment), Article 238 (1) of the Criminal Act (a point of unlawful use of official marks) and Article 238 (2) and Article 238 (1) of the Criminal Act for criminal facts (a point of exercising an illegal use air defense);

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 (Considering circumstances, such as the fact that the defendant reflects the wrongness and that the defendant has no record of punishment for the same kind of crime or of punishment exceeding the fine);

1. The community service order under Article 62-2 of the Criminal Act;

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