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(영문) 서울남부지방법원 2016.06.22 2016고단1122
절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A thief: (a) on February 26, 2016, around 01:30, the Defendant: (b) went back with the victim’s possession Cone Star’s front number plate market value of the car parkeded by the victim B in the 37 calendar Doo-ro 498, Seocheon-si, Seocheon-si; (c) on February 26, 2016.

Accordingly, the defendant stolen the victim's property.

2. On February 28, 2016, around 11:00 on February 28, 2016, the Defendant violated the Automobile Management Act attached the front number plate of the C, which was stolen in Guro-gu Seoul Metropolitan Government, to Ecoos car using the Defendant.

Accordingly, the defendant used air illegally and at the same time used car registration number plates.

3. On February 28, 2016, from around 11:00 to around 16:10 of the same day, the Defendant was driving a coo vehicle on the part of the Defendant, which was installed with an air defense attached to the foregoing unlawfully used, from 17-26 to 17, Guro-gu Seoul, Guro-gu, Seoul, from 84-26 to 17, Seoul, Gwanak-gu, Seoul.

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. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes concerning comprehensive taxation of vehicles;

1. Article 329 of the relevant Article of the Criminal Act concerning the facts constituting an offense (a point of intention), Article 238 (1) of the Criminal Act (the point of unlawful use of official marks), Article 238 (2) and Article 238 (1) of the Criminal Act (the point of an event of unlawful use air defense) and Articles 78 subparagraph 2 and 71 (1) of the Automobile Management Act (the point of unlawful use of automobile registration number plates);

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 larceny of selective punishment and violation of the Automobile Management Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Each of the instant cases where a motor vehicle registration number plate of another person was stolen and used unlawfully for the reason of sentencing under Article 62-2 of the Criminal Act of the community service order.

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