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(영문) 대구지방법원 2017.11.10 2017고단5183

공기호부정사용등

Text

A defendant shall be punished by imprisonment 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

1. Illegal use of air defense;

A. On June 9, 2017, when the Defendant was unable to operate a vehicle due to five parts of the Company’s vehicle in the nearest area of the aggregate located in the area of Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant acquired and possessed the vehicle at the construction site.

B The number plate was attached to the front of “C” dump truck, and then on the number plate, respectively.

Accordingly, the defendant used a car number plate which is air hosing.

B. On June 16, 2017, the Defendant: (a) attached B number plates to C dump trucks, as described in the foregoing paragraph (a), at the places indicated in the foregoing paragraph (a) on the front of the C dump trucks; and (b) attached B number plates to the front of the number plates.

Accordingly, the defendant used a car number plate which is air hosing.

2. The Defendant, at the time and place specified in paragraph 1, exercised a dump truck with B number plates twice via operation by allowing D to operate the dump truck with B number plates, as described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to photographs), investigation reports (verification of the owner of a vehicle registration number), registration of construction machinery register;

1. Article 238 (1) (Unlawful Use of Official Marks), Article 238 (2) and Article 238 (1) of the Criminal Act concerning the facts constituting an offense (the occupation of an unlawful exercise of air defense);

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. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence are the first offense of this case, and there is no other criminal record except for the records of punishment of dual punishment twice, the defendant reflects himself, the motive and circumstances leading to the crime of this case are taken into account, and the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age and sexual conduct, shall be determined as ordered by taking into account the following factors: