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(영문) 서울남부지방법원 2017.01.12 2016고단5135

공기호부정사용등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On June 2016, the Defendant: (a) around 2016, at the “public parking lot underground in street gate,” located in Gangseo-gu Seoul Metropolitan Government Horizontal Park, a street 201-1; (b) using a parking lot on the lane for the passenger car of the horse set and D observer which the Defendant owned by using the vehicle of the above parking lot, using the vehicle of the horse set-off car of the Defendant and D observer which are registered as a monthly fixed vehicle of the above parking lot; and (c) without paying the parking fee, by using the parking lot on each of the above vehicles, by attaching the number plate of the above truck.

On June 24, 2016, at the above parking lot around 12:41, the Defendant removed B number plates from the above truck, attached removed number plates on the front number plate of the car in front of the horse side, and passed through the vehicle recognition flag by driving the horse at the horse side.

In addition, on June 24, 2016, from around July 24, 2016 to July 24, 2016, the Defendant removed the B registration number plate of the truck without permission of the market and used it unlawfully by attaching the removed number plate on each of the above vehicles with the purpose of exercising it over a total of five times in the same manner as indicated in the attached list of crimes, as shown in the attached list of crimes. The Defendant exercised the air defense illegally used by using each of the vehicles with the number plate replaced.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on photographs, parking fees of vehicles under way, and receipts of vehicles under way;

1. The point of unlawful use of the corresponding legal provisions of the Act on the crime and the air defense of the option of punishment: The point of an unlawful use air defense event under Article 238 (1) of the Criminal Act: The point of an act of removing a registration number plate under Articles 238 (2) and 238 (1) of the Criminal Act: Article 81 subparagraph 1 of the Automobile Management Act and Article 10 (2) of the same Act;

1. On July 24, 201, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment as provided for in the crime of deception for self-using air on July 24, 2016) of the Aggravation of Concurrent Crimes.