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(영문) 대구지방법원 2017.09.21 2017고단3793
절도등
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, between two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A

A. A. On December 20, 2016, the Defendant violated the Automobile Management Act: (a) removed the front registration number plate attached to a vehicle owned by the victim D owned by the victim, which was parked in Daegu Suwon-gu C around 03:0 on December 20, 2016; (b) removed it by hand; (c) cut off with a number plate.

B. On June 24, 2017, the Defendant violated the Automobile Management Act: (a) at a residential parking lot located in the Daegu Suwon-gu F around 06:0 on June 24, 2017, the Defendant attached a number plate in front of the vehicle of the Kan-gu, which was kept in custody by the competent authority in order to operate the said Kan-gu vehicle of the Defendant’s possession, instead of the number plate in front of the vehicle of the said Kan-gu, which was kept in custody by the competent authority.

Accordingly, the defendant used the car registration number plate of the Eknife car, and denied the official sign for the purpose of exercising at the same time.

2. On June 24, 2017, Defendant B operated the G Ab-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Accordingly, the defendant exercised the car registration number plate which was illegally used.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police against D;

1. Police seizure records;

1. Application of Acts and subordinate statutes to report internal investigation (the voluntary accompanying of a suspected suspect and overall site conditions);

1. Defendant A of the pertinent legal provisions pertaining to the facts constituting an offense: Article 329 of the Criminal Act (a point of view), Article 238(1) of the Criminal Act (the point of illegality of official marks) and Articles 78 Subparag. 2 and 71(1) of the Automobile Management Act (the point of illegality of registration number plates of automobiles) of the same Act: Article 238(2) and Article 238(1) of the Criminal Act (the point of use of illegally used air)

1. Defendant A of ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of the defendant A with prison labor for each of the following reasons:

1. A aggravated defendant for concurrent crimes: The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act.

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