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(영문) 창원지방법원 2021.01.08 2020노1191

공기호부정사용

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. According to the summary of the grounds for appeal (misunderstanding the facts), the court below acquitted the defendant of the facts charged in this case, which affected the conclusion of the judgment by misunderstanding the facts.

2. Determination

A. The summary of the facts charged is written in the indictment around September 20, 2019 as of December 20, 2018, but it appears to be a clerical error.

In C, in the city of Gyeongnam-si, the number plate, "D," which is the air hoba, acquired at the time of taking over the repair center, was attached to the E-wheeled Republic, "E" which is its own chassis number.

Accordingly, the defendant used the above registration number plate for the purpose of exercising the right.

B. The lower court determined as follows: (a) although the Defendant was deemed to have attached the lost number plate that the former owner left on the instant two-wheeled automobile, the lower court: (b) based on the following: (c) even though it was found that the Defendant had attached it on the instant two-wheeled automobile; (d) the Defendant was operating a two-wheeled automobile repair business, installing several two-wheeled automobile on the road; and (e) the F visited to inspect a two-wheeled automobile on September 30, 2019; (b) requested the Defendant to report the instant two-wheeled automobile with engine displacement; and (d) the Defendant appears to have continued to have used the registration number plate

The lower court acquitted the Defendant of the instant charges on the ground that there is insufficient evidence to acknowledge it, and there is no other evidence to acknowledge it.

(c)

(1) According to Article 238(1) of the Criminal Act, where a motor vehicle registration number plate, which is an air, has been forged for the purpose of exercising the relevant legal principles, the crime of forging a symbol is established. Here, the term “purpose of exercising” refers to the purpose of using a forged motor vehicle registration number plate in accordance with the method of using the forged motor vehicle registration number plate as genuine.

Also, according to the method of using forged car registration number plates.