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(영문) 창원지방법원 거창지원 2018.02.21 2017고단367

공기호부정사용등

Text

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

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

Reasons

Punishment of the crime

around September 2017, the Defendant: (a) moved “B” motor vehicle registration number plate, which was discarded in the Dongdong-gun, Chungcheongnam-gun; and (b) attached the above “B” number plate on the back of the D Poter, the Defendant’s owner of the D Poter, who was parked in a place for the purpose of exercising, as if he were duly issued the number plate; and (c) operated the said cargo vehicle to the front of the F Ka Center located in E.

Accordingly, the Defendant used the marks of public offices for the purpose of exercising, at the same time, unlawfully used the car registration number plate, and used the illegally used air.

Summary of Evidence

1. Statement by the defendant in court;

1. A police seizure list;

1. Original Register of Automobile Registration (B);

1. Application of four Acts and subordinate statutes to four photographs;

1. Article 238(1) of the Criminal Act in relation to the facts constituting an offense (the illegal use of official marks) under Article 238(1) of the same Act, Article 238(2) and Article 238(1) of the Criminal Act (the occupation of an unlawful exercise of air defense), Article 78 Subparag. 2 and Article 71(1) of the Automobile Management Act (the occupation of unlawful use of vehicle number plates);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor for a violation of the Motor Vehicle 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 of the suspended execution (the fact that the defendant has no record of punishment for the same kind of crime before, and that he/she will not repeat the crime;

The circumstances favorable to the defendant, such as the fact that the defendant was committed.