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(영문) 인천지방법원 2020.06.25 2020고단2622
절도등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a new shipping agent and a new shipping agent and a secondary shipping agent.

1. At around 12:53 on January 31, 2020, the Defendant thief was driving a NAS car at the first floor parking lot in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, in order to send a new deposit from the first floor underground parking lot in the Yeonsu-gu, Incheon, with the market price of KRW 86 million owned by the victim D Co., Ltd.

Accordingly, the defendant stolen the victim's property.

2. No motor vehicle registration number plate and seal violating the Motor Vehicle Management Act shall be detached, except where permission is obtained from the Mayor/Do Governor or where special provisions exist in other Acts;

At around 00:30 on February 1, 2020, the Defendant, without permission of the Mayor/Do Governor or any legal basis, used a stampner in the cultural park parking lot located in Michuhol-gu Incheon Metropolitan City, Michuhol-gu, 91-4, to remove the front and rear number plates and seals of the stolen vehicle as referred to in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to reports on internal investigation (Evidence Nos. 2, 4, and 5) and investigation reports (Recovery of number plates before and after stolen vehicles);

1. Relevant legal provisions concerning facts constituting an offense, Article 329 of the Criminal Act selection of punishment, subparagraph 1 of Article 81 and Article 10 (2) of the Automobile Management Act (a point of removal of registration license plate and seal of a motor vehicle), and choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [the aggregate of the long-term punishments of the above two crimes]

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: One to seven years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

A. Class 1 (Determination of thief) / [Determination of thief] thief for general property [Type 2] There is no person who is a special thief] general theft [the scope of recommendation and recommendation] (the scope of recommendation field and recommendation] basic area, 6 months to 1 year and 6 months [the general person] mitigation element: substantial part.

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