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(영문) 대전지방법원 2016.08.18 2016노1090

공기호위조

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The crime of fabrication of air defense against the summary of the grounds for appeal is established when the purpose of exercising the right is recognized.

In light of the purport of the Supreme Court’s precedent, “the operation of a motor vehicle with a license plate attached to a motor vehicle that may cause public mistake as to the identity of the motor vehicle, i.e., the operation of a motor vehicle with a license plate attached thereto,” the operation to be recognized as an “exercise” is limited to a means that makes the public mistake as to the identity of the motor vehicle, and Article 2 subparag. 2 of the Motor Vehicle Management Act provides that “the operation of a motor vehicle means the use of a motor vehicle according to its usage, regardless of whether it is for transportation of people or freight,” which provides that “the operation of a motor vehicle with a license plate attached to a motor vehicle means the use of the motor vehicle in accordance with its usage.”

Accordingly, the witness E of the court below required the defendant to attach a registration number plate to use the above cargo vehicle for the purpose of cream prior to determining the scrapping of the freight vehicle of this case.

As stated in the statement, even if the freight of this case is used only for the cateral purpose while fixing the freight of this case at one place, it shall be deemed to be used in accordance with the automobile usage, and thus, it shall be deemed to fall under the "driving". Thus, although the purpose of exercising the freight of this case can be recognized, the judgment of the court below which acquitted the

2. On February 4, 2013, the Defendant: (a) around 14:00, at the D Motor Vehicle Industry Company run by himself/herself in Seosan City, the Defendant: (b) did not have a car registration number plate for the front of the Fcke freight vehicle, which was requested to repair by E (hereinafter “instant freight vehicle”); (c) did not want to forge it; and (d) removed the G Motor Vehicle registration number plate for which he/she had been kept in custody.