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(영문) 인천지방법원 2016.09.08 2016노1330

사기등

Text

The judgment below

The part of the defendant I against the defendant I is reversed.

Defendant

I shall be punished by imprisonment for a period of ten months.

except that this shall not apply.

Reasons

1. Summary of grounds for appeal;

A. According to the prosecutor’s (1) misunderstanding of facts (the entirety of Defendant F and N’s acquittals) Defendant F and N’s confessions made at the prosecutor’s office, Defendant F and N may be found guilty of the violation of air defense, unlawful use, use of air defense, use of unlawful air defense, and Automobile Management Act among the charges against Defendant F and N. However, the lower court acquitted Defendant F and N of this part of the facts charged. In so doing, the lower

(2) The sentence imposed by the court below on Defendant F and N is too unhued and unfair.

B. The sentence that the court below sentenced the Defendants to the Defendants (the Defendant F: imprisonment of 2 years and 6 months; imprisonment of 10 months; imprisonment of 6 months; imprisonment of 6 months; suspension of execution of 2 years; community service order of 120 hours; Defendant N: imprisonment of 1 year and 4 months) is too unreasonable.

2. Judgment on the prosecutor's assertion of mistake of facts

A. The summary of the facts charged is as follows: Defendant F and N removed the registration number plate and seal of the cargo Ⅱ from which the number is unknown in order to obtain the loan; and attached the BNN registration number plate and seal remaining after exporting the BNN-II cargo Ⅱ; and shown it to the employees of Korea Social Co., Ltd.

Accordingly, the Defendants arbitrarily detached the registration number plate or its seal of the air bN Ⅱ, and illegally used it by attaching it to the cargo Ⅱ whose number is not known, and exercised the air ves unlawfully used.

From around that time to February 22, 2011, the Defendants arbitrarily detached a registration number plate and its seal more than 10 times in the same manner as shown in the attached Table 2 from around that time to February 22, 201, attached it to other vehicles for the unlawful use of air defense, and exercised an air defense illegally used.

However, since the public prosecution period of Nos. 1 through 3 of the annexed crime list 2 has already expired, only the part which committed seven times in total in case of violation of the Automobile Management Act 4 to 10.

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