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(영문) 서울중앙지방법원 2015.01.07 2014고단8889
절도등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. 절도 피고인은 2013. 2.경 서울 중구 신당동에 있는 떡볶이골목 근처 도로에 이르러 길가에 세워져 있는 피해자 B 소유의 C 이륜자동차에서 시가를 알 수 없는 위 이륜자동차 번호판을 떼어가 절취하였다.

2. Around February 2013, the Defendant illegally used the number plate of a two-wheeled automobile, air defense, and the number plate of a two-wheeled automobile, as described in paragraph (1), was attached to the two-wheeled automobile in order to drive a two-wheeled automobile by the Defendant’s house located in Jung-gu Seoul, Seoul, with no number plate attached on the front of the Defendant’s house.

3. Around February 2013, the Defendant exercised the air defense that was illegally used by operating a two-wheeled automobile with a number plate attached, as described in paragraph 2, from the front of the Defendant’s house located in Jung-gu Seoul, Jung-gu to the front of the house located in Jung-gu, Seoul to the front of the house in Korea located in 80-2.

4. Around February 2013, the Defendant violated the Road Traffic Act (unlicensed driving) and driven a two-wheeled vehicle as stated in paragraph (2) without obtaining a Class 2 driver’s license from the 3km section at the front of the Defendant’s house located in Jung-gu Seoul Metropolitan Government D to the front of the Korean house located in Jung-gu, Seoul, Jung-gu to the 80-2 day.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (Investigation of the victim's telephone from the illegal phone number plate);

1. Police seizure records;

1. Detailed details of the driver's license;

1. Application of statutes on site photographs;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 238 (1) of the Criminal Act, Article 238 (2) and Article 238 (1) of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 152 and Article 43 of the Road Traffic Act (the occupation of driving without a license and the choice of imprisonment);

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 reflects his fault.

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