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(영문) 대전지방법원 2017.02.07 2016고단3761

자동차관리법위반등

Text

A defendant shall be punished by imprisonment for not more than ten 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 July 11, 2016, the Defendant: (a) found one set of the front number plate for D Motor Vehicles owned by C, the father of which was lost by the victim B in the nearest area of the American elementary school located in the So-gu, So-called So-called So-called So-young-dong.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. No person who violates the Automobile Management Act or who illegally uses air hossing shall unlawfully use a registration number plate under the Automobile Management Act;

Nevertheless, on July 14, 2016, the Defendant attached D registration number plates acquired as set forth in Paragraph 1 above to the Defendant’s E rocketing car.

Accordingly, the defendant used a car registration number plate which is an air for the purpose of exercising the right.

3. During the period from July 14, 2016 to August 8, 2016, the Defendant: (a) operated the said rocketing car as if he was a legitimate owner of the right, and exercised the said rocketing car as if he was a lawful owner of the right.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to research reports, seizure records, list of seizure, vehicle photographs, ledger of vehicle registration, inquiry report on automobiles, report on the loss of automobiles, CCTV inquiry request, the current status of car reading machines, report on internal affairs, and data on comparative analysis and photograph;

1. Article 78 subparagraph 2 of the relevant Act on the Management of Motor Vehicles for Criminal Facts, Article 71 (1) (the illegal use of a registration number plate), Article 238 (1) of the Criminal Act (the illegal use of a public symbol), Article 238 (2) and Article 238 (1) of the Criminal Act (the use of an unlawful use air defense) of the same Act, Article 360 (1) of the Criminal Act (the use of an abandoned article in possession);

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

1. A violation of the Automobile Management Act and the crime of embezzlement of deserted articles in possession: Imprisonment with prison labor for an unlawful use of the term of imprisonment: Imprisonment;

1. The aggravated Criminal Act for concurrent crimes.