특수절도등
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
The sentencing of the lower court (one year and six months of imprisonment, confiscation, and collection) is too unreasonable because of the summary of the grounds for appeal.
We examine ex officio the judgment on the above grounds for appeal by the defendant on the violation of the Motor Vehicle Management Act due to removal of each unauthorized motor vehicle registration plate among the facts charged in the instant case.
The summary of this part of the facts charged is that a person who intends to attach, seal, or remove the registration number plate of a motor vehicle shall obtain permission from the Mayor/Do Governor, but the defendant, without permission, voluntarily removed the registration number plate of the Seoul Dowing-ro 125 Sin-si, Seoul, purchased from the Internet in Dobong-gu Seoul, Seoul at the Internet “China-gu,” and around that time, attach it to the FTR 20 sib, without the number plate purchased from the Internet “longway”, and around January 29, 2017, the person removed the seals of the theft 50 sib, which the defendant used by pent-gu Seoul, Seoul, and removed the registration number plate.
Judgment
Article 3(1)5 of the Automobile Management Act provides that “A two-wheeled motor vehicle” shall be construed as “a two-wheeled motor vehicle manufactured suitable for transporting one or two persons, regardless of the size of total engine displacement or rated output” and “a two-wheeled motor vehicle with a similar structure.”
Article 10 of the same Act shall be attached to a motor vehicle registration number plate (hereinafter referred to as "registration number plate") as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
Provided, That where an owner of a motor vehicle or an applicant for registration on behalf of a motor vehicle owner pursuant to the main sentence of Article 8 (3) and the main sentence of Article 12 (2) intends to attach a registration number plate and seal directly, he/she may have him/her attach a registration number plate and seal it, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) Registration number plates and seals attached under paragraph (1) shall be issued with permission from the Mayor/Do Governor and other Acts.