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(영문) 서울중앙지방법원 2017.07.14 2017고단3557

공기호부정사용등

Text

A defendant shall be punished by imprisonment for four 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 May 2015, the Defendant, at “D” located in Yeongdeungpo-gu Seoul Metropolitan Government, removed a license plate of 100 two-wheeled automobiles registered in the Defendant’s name, and attached it to a two-wheeled automobile newly purchased by the Defendant.

In this respect, the defendant used the official sign for the purpose of exercising, and at the same time used the registration number plate unlawfully.

2. The Defendant, from May 2015 to May 20, 2017, operated a two-wheeled 100G two-wheel vehicle with the unregistered E number plate attached in Jongno-gu Seoul, Jongno-gu, Seoul, from May 2015 to May 13:00.

Accordingly, the defendant exercised the illegally used air defense.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police suspect interrogation protocol against the accused;

1. Entry into a protocol of seizure and a list of seizure;

1. Application of each of the visual Acts and subordinate statutes of photographs;

1. Article 238 (1) of the Criminal Act (Unlawful Use of Official Marks) of the relevant Act on the facts constituting an offense, Article 78 subparagraph 2 of the Automobile Management Act, Article 71 (1) (Unlawful Use of Registration Number plates) of the Automobile Management Act, and Article 238 (2) and Article 238 (1) of the Criminal Act (the occupation of exercising an unlawful use air defense);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the crime of unlawful use of public marks and the crime of violation of the Automobile Management Act, and the punishment imposed on a crime of violation of the Motor Vehicle Management Act of which punishment is heavier);

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. Article 62 (1) of the Criminal Act suspended execution (see, e.g., Article 62 (1) of the Criminal Act, including the fact that the criminal defendant is the first offender, the fact that the criminal defendant is recognized as a substitute for the crime,