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(영문) 수원지방법원 2015.05.29 2015노2072

공무집행방해등

Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, from the final date of this judgment.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.

B. Prosecutor 1) In light of the misunderstanding of facts and misunderstanding of legal principles and the legislative intent of Article 81 subparag. 2 and Article 12(1) of the Automobile Management Act, a person who is obligated to make a registration of automobile ownership transfer should include not only the person who actually acquired the intention to own the automobile but also the person who actually operates the automobile for the purpose of securing bonds. Therefore, the person who acquired the right to the automobile for the purpose of securing bonds shall be a Csch Rex automobile for the bond security (hereinafter “instant automobile”).

The judgment of the court below that the defendant did not constitute a crime of violation of Article 81 subparagraph 2 of the Automobile Management Act and Article 12 (1) of the Automobile Management Act on the ground that he was merely a person who acquired possession.

B. The lower court’s sentence of unreasonable sentencing is too unjustifiable.

2. Determination:

A. As to the prosecutor’s assertion of mistake of facts and misapprehension of legal principles, Article 12(1) of the Automobile Management Act, the applicable provisions of this part of the facts charged, provides that “any person who acquires a registered motor vehicle shall file an application for the registration of transfer of ownership with the Mayor/Do Governor, as prescribed by Presidential Decree.” Article 81 subparag. 2 of the same Act imposes criminal punishment for “a person who fails to file an application for registration of transfer of ownership

In addition, the Decree on the Registration of Motor Vehicles, along with the registration of transfer under Article 12 of the Motor Vehicle Management Act as the type of the registration of motor vehicle under Article 3, provides for the registration of mortgage by the Act on the Mortgage on Motor Vehicles and other Specific Movables (hereinafter the "Motor Vehicle Mortgage Act"), and the Enforcement Decree of the said Act provides for the validity and method of the registration of the

The Automobile Management Act.