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(영문) 서울동부지방법원 2014.08.28 2014고단1654

자동차관리법위반등

Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 2014, the Defendant: (a) found one of the registration number plates (B) owned by the victim of false name while collecting historical materials from the boom-dong, Songpa-gu, Seoul, Macheon-dong, on the ground that his possession was stolen.

The Defendant, without taking necessary procedures such as returning the acquired property to the victim, embezzled the property he/she had on his/her own mind.

2. On March 2014, the Defendant violated the Automobile Management Act and the illegal use of air defense and the Automobile Management Act attached the number plate to CT100 Oral Ba owned by the Defendant, which he acquired from the Defendant’s warehouse in Songpa-gu Seoul, Songpa-gu, Seoul, on the ground that paragraph 1 was attached to the Defendant.

Accordingly, the defendant used the number plate of two-wheeled automobile without authority for the purpose of exercising the right.

3. From the time and time of paragraph (2) to April 20, 2016:45, the Defendant operated the Defendant’s earth and sand, with a license plate attached, as prescribed in paragraph (2), from the time and time to the time of detection to police officers.

Accordingly, the Defendant exercised the number plate of two-wheeled automobile, which is an air unit that was unlawfully used as above.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on motors illegally used in air defense;

1. Article 78 subparagraph 2 of the relevant Act, Article 71 (1) of the Automobile Management Act, Article 238 (1) and (2), and Article 360 (1) of the Criminal Act concerning facts constituting an offense;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is not suitable in that it damages the use of air and the purpose of the automobile management system, since the defendant operated the number plate on the ground that he acquired.

However, the fact that the defendant recognized all of the crimes and divided, the economic difficulties of the defendant also seems to be the cause of the crimes.