beta
(영문) 의정부지방법원 2018.12.11 2018고단4350

공기호위조등

Text

A defendant shall be punished by imprisonment for six 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. On February 2, 2018, the Defendant forged the registration number plate of the said vehicle by attaching a string ticket for the purpose of attaching it at the time of its operation and driving with a knife to a knife in a knife, B apartment No. 303, 1202, the Defendant violated the Automobile Management Act at the house of the Defendant’s house No. 303, 1202, the automobile tax in arrears.

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

2. On September 6, 2018, the Defendant: (a) had a forged registration number plate attached in front of the passenger vehicle as described in paragraph 1 at the summer-dong, Haak-dong, Haak-dong; (b) had driven the said vehicle from that time to September 19, 2018, as well as driving the vehicle.

Accordingly, the defendant exercised the car registration number plate, which is the mark of a forged public office.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to photographs of control photographs, CCTV photographs, vehicle AVNI;

1. Article 238 (1) of the Criminal Act (the point of Article 238 of the Public Code), Article 238 (2) and Article 238 (1) of the Criminal Act (the point of exercising forged air) concerning the facts constituting an offense, and Articles 78 subparagraph 2 and 71 (1) of the Automobile Management Act (the point of forging and using an automobile registration number plate);

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

1. Selection of imprisonment with prison labor for a violation of the Motor Vehicle Management Act;

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. Although the Defendant had been sentenced to a fine for the same type of crime in 2017 under Article 62(1) of the Criminal Act, the crime of this case has been repeated, two times before the suspended sentence of this case, and two times before the suspended sentence of this case, taking into account the following factors: Provided, That it is against the Majority Opinion