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(영문) 창원지방법원 2015.10.13 2014고단3140
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

1. Any person who takes over a motor vehicle registered in violation of the Motor Vehicle Management Act shall file an application for registration of transfer of ownership with the Mayor/Do Governor;

On February 2, 2014, the Defendant did not file an application for the registration of transfer of the ownership of a motor vehicle within 15 days without justifiable grounds, even though he/she received a cash of 2.4 million won from 40 men on the street near the Gwangju bus terminal located in 904, as Seo-gu, Gwangju, and even though he/she received a transfer of a C New XG LPG car (hereinafter “instant vehicle”).

2. On March 25, 2014, the Defendant: (a) around 05:25, 2014, at the FPG gas filling station administered by the victim E in a substantial amount of Cheongju City, and (b) at the FPG gas filling station, the Defendant, despite having no intent or ability to pay the price, had shown the same attitude that the Defendant would normally pay the price to the victim even if he/she was charged with the instant vehicle by the victim; and (c) he/she received the LPG gas equivalent to KRW 46,762 of the market price from the victim and acquired it by driving the instant vehicle without paying the price.

3. The Defendant, in violation of the Punishment of Violences, etc. Act, tried to flee by driving the instant vehicle without paying gas charging charges at the time, place, etc. specified in paragraph (2).

As a result, when the victim E (the age of 66) demanded the Defendant to live in flaps and pay the gas filling amount by hand through the driver's seat window where the victim E (the age of 66), the Defendant proceeds the instant vehicle, which is a dangerous object to evade the payment of the gas filling amount, as it is, and caused the victim to take approximately 4 to 5 meters away from the ground floor, and led the victim to a dumped dump in need of treatment for about 3 weeks.

4. On March 25, 2014, the Defendant violated the Road Traffic Act (unlicensed driving) from the roads in front of the gas filling station in Cheongju-si, Cheongju-si around 05:25.

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