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(영문) 서울동부지방법원 2016.12.15 2016고단3419

공기호부정사용등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Part of the facts charged was corrected ex officio to the extent that it does not interfere with the defendant's defense right.

1. On April 2016, the Defendant illegally used air defense, around the end of Songpa-gu Seoul Metropolitan City, removed the registration number plate of “D” two-wheeled motor vehicle, an air hobs, attached to the Defendant’s kiba, and attached it to the 125CC Maba, 125.

Accordingly, the defendant used air illegally for the purpose of exercising the right.

2. On October 11, 2016, the Defendant held an air defense that was unlawfully used by the Defendant on the street in front of Songpa-gu Seoul, Songpa-gu, Seoul, by driving the 125CC, a store with a “D” number plate, as described in the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Application of written statements, each photographic statute;

1. Article 238 (1) of the Criminal Act (Unlawful Use of Air Code) and Article 238 (2) and (1) of the Criminal Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (including the reflection of gender and the absence of previous conviction exceeding the fine, etc.);