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(영문) 광주지방법원 순천지원 2018.01.26 2017고단1924
자동차관리법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, 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

1. On March 2017, the Defendant: (a) laid down the seals of the back number plate owned by the victim B, which was parked at the front of the Nohho church located in SU125CC, in front of the Nohho-dong, SU125, which was located there; and (b) removed it.

Accordingly, the Defendant stolen the property owned by the victim.

2. On May 27, 2017, the Defendant violated the Automobile Management Act by illegally using air, and the Defendant’s violation of the Automobile Management Act attached the C number plate that was stolen at the front end of the Defendant’s house located in FF-125 Obama, which was owned by the Defendant, to the lower part of the lower part of the Defendant’s house.

Accordingly, the defendant used a car registration number plate which is air hosing.

3. The Defendant, as indicated in paragraph 2, operated VF-125 Obaki, which was owned by the Defendant, with the above C number plate attached, around that time, and operated in the JF-125 Obadong-dong and the BJ-dongdong-dong-dong from around that time to August 30, 2017.

Accordingly, the defendant exercised the illegally used air defense.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of each statute on photographs;

1. Article 329 of the Criminal Act (a point of view), Article 238 (1) of the Criminal Act (a point of use by means of public sign), Articles 78 subparagraph 2 and 71 (1) of the Automobile Management Act (a point of use by means of illegality of number plates of two-wheeled automobile), and Articles 238 (2) and 238 (1) of the Criminal Act (a point of use by means of an unlawful use of number plates) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the crime of unlawful use of public marks and the crime of violation of the Automobile Management Act, and the punishment imposed on a crime of violation of the Motor Vehicle Management Act of which punishment is heavier);

1. Selection of imprisonment with prison labor for a crime of selective larceny of punishment and violation of the Automobile Management Act;

1. The former part of Article 37 of the Criminal Act, the main sentence of Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The Defendant was stolen for a short period of time, with the reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59(1) main text of the Act on the Observation, etc. of Protection, etc. of Social Service Order.

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