beta
(영문) 서울북부지방법원 2016.04.28 2015고단4383

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. Around 2013, the Defendant illegally used air defense, using the F number plate registered in the name of E, which was held by a fire in the parking lot adjacent to the Dusbus in Dongdaemun-gu Seoul, Dongdaemun-gu, and attaching the above number plate to E E, which is owned by the Defendant without a number plate to avoid the payment of the new premium due to the registration of a new number plate.

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

2. On October 20, 2015, around 15:28, the Defendant used the F number plate, as described in paragraph 1, in the vicinity of the D Skiki located in Dongdaemun-gu Seoul Metropolitan Government, and exercised the air units illegally used by the Defendant, which operated the F number plate in a state attached to the Tti Estoba, as described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A copy of the register of two-wheeled automobiles;

1. Application of the Acts and subordinate statutes on ozones and number plates photographs; and

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Scope of recommended sentences on the sentencing criteria: Offenses for which the sentencing criteria are not set.

3. Determination of sentence shall be made in the same manner as the order, taking into consideration the overall circumstances shown in the pleadings of this case, such as the fact that the defendant has a depth of and reflected in his/her criminal act, the fact that there is no record of punishment for the same kind of crime, the defendant's age, family relation, and tendency.