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(영문) 서울남부지방법원 2018.11.14 2018고단4434

공기호부정사용등

Text

A defendant shall be punished by imprisonment with prison labor for three months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 25, 2018, the Defendant illegally used air defense (C) around 10:30 on August 25, 2018, at the Defendant’s house located in Si-si B, 903 Dong 2602 at Si-si, Gyeonggi-do, and after the loss and disuse on September 2017, the Defendant used the number plate (C) which was kept in custody in the house, and attached it to CB 40 VEC3 Maba.

Accordingly, the Defendant used the number plate, a air defense, unlawfully for the purpose of exercising the right.

2. On the date specified in paragraph 1, the Defendant: (a) operated the two-wheeled automobile registration number plate attached to the two-wheeled automobile registration number plate attached to the front day of Geumcheon-gu Seoul, Geumcheon-gu, Seoul; (b) the Defendant used the two-wheeled automobile registration number plate for the illegal use as set forth in paragraph 1, before the Defendant’s house located in the city of Si, Si, 903 Dong 2602.

Accordingly, the defendant exercised the off-to-land number plate, which is the air strawing that was illegally used.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Police seizure records;

1. Application of the Acts and subordinate statutes on the registration number plate of the ozone layer;

1. Article 238 (1) of the Criminal Act (the occupation of unlawful use of official marks) and Article 238 (2) and Article 238 (1) of the Criminal Act concerning the crime (the occupation of unlawful use of official marks);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentence was determined by comprehensively taking account of the following circumstances, including the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, which were revealed in the instant records and the previous discussions, including the following: (a) the first offender who had no previous criminal record of sentencing under Article 48(1)1 of the Confiscation Criminal Act; (b) the confession, confession, and reflects; and (c) the Defendant’s age