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(영문) 서울남부지방법원 2017.01.13 2016고단5284

공기호위조등

Text

A defendant shall be punished by imprisonment for six 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 October 2015, the Defendant: (a) around the Seoul Gangnam-gu Seoul Metropolitan Government Office held in custody the number plate of the Plaintiff’s B Trate XG car that was used by the Defendant on the grounds of default of administrative fines; (b) forged and attached a car number plate, which is a public office’s sign; and (c) neglected to drive the said car.

On September 15, 2016, the Defendant printed the “B” with a color and size similar to the car license plate using a local reproduction machine at the Defendant’s residence located in Yeongdeungpo-gu Seoul Metropolitan Government.

Accordingly, for the purpose of exercising, the Defendant forged a car number plate, which is a mark of a public office.

2. The Defendant at the time and place specified in the foregoing paragraph 1, attached the forged car number plate to the front of the said car as if it were a normal car number plate, and operated the said car on the road until October 18, 2016 and exercised it.

Summary of Evidence

1. Statement by the defendant in court;

1. A certificate for voluntary destruction of forged number plates;

1. Application of Acts and subordinate statutes on false number plates;

1. Article 238 (1) of the Criminal Act (the point of Article 238 of the Official Code), Article 238 (2) and Article 238 (1) of the Criminal Act concerning the facts constituting an offense (the point of exercising forged 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to sentencing under Article 62-2 of the Social Service Order Criminal Act: The instant crime was committed by the competent authority, while the pertinent authority kept the number plate on the grounds of the nonperformance of administrative fines, the Defendant forged the number plate and attached it on the vehicle and operated it on the vehicle, and is a serious crime in light of the legislative intent and statutory punishment of the relevant provisions, and the criminal liability is heavy.

Furthermore, even though the Defendant was punished by a fine for a violation of the Automobile Management Act, the Defendant committed the crime of this case again. The favorable circumstances: the Defendant recognized the mistake.

The above circumstances and the circumstances leading to the Defendant to commit the instant crime, and the circumstances after the commission of the crime.