logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원마산지원 2020.12.15 2020고단1039
절도등
Text

A defendant shall be punished by imprisonment for a period of two 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. On March 2019, the Defendant: (a) removed, by hand, one number plate from the victim C, who was parked in front of the Sungsan-gu, Changwon-si; and (b) stolen it.

2. The Defendant of unlawful use of air defense, unlawful use of air defense, and unlawful use air defense events, as described in Paragraph 1 at the date and time and place specified in Paragraph 1, posted DNA number plates on his own part with a view to exercising his/her license plate, and thereafter, operated the Chang-si Mapo-dong Bridge in the state of attaching a license plate on the Obaba, from September 9, 2020.

Accordingly, for the purpose of exercising, the Defendant used the number plate illegally, the air, the air, and exercised the illegally used air.

Summary of Evidence

1. Application of Acts and subordinate statutes to the police statement of the defendant with regard to the defendant's legal statement C, the protocol of seizure (any submission) and the report on internal investigation ( telephone conversations with respect to telephone conversations of the reporter who has lost his/her number plate) on the list of seizure;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for a crime, Article 329 of the Criminal Act, Article 238 (1) of the Criminal Act (the point of unlawful use of air protection, the only provision of imprisonment), Article 238 (2) and Article 238 (1) of the Criminal Act (the point of exercising unlawful air defense, the only provision of imprisonment);

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (aggravated punishment for larceny with the largest punishment);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. A prosecutor who is not subject to forfeiture is seeking confiscation of a number plate (D) from seized d. However, this is the victim's ownership, which belongs to the ownership of a person other than the criminal, and thus, it cannot be confiscated in accordance with Article 48(1) of the Criminal Act.

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with labor for one month to nine years;

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

(a) Class 1 (Determination of Punishment) thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief

arrow