특수폭행등
The judgment of the court below is reversed.
Defendant 1-D in the judgment of the court below.
The judgment of the court below is in respect of a fine of one million won.
1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment) is too unreasonable.
2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.
A. The crime of violating Articles 81 subparag. 2 and 12 subparag. 1 of the Automobile Management Act due to the failure to file an application for the registration of ownership transfer due to the failure to file an application for the registration of ownership transfer of a motor vehicle is established immediately and the crime is completed simultaneously because the transferee of the registered motor vehicle fails to file an application for the registration of ownership transfer within 15 days from the date of the purchase of the motor vehicle, and the so-called immediate crime completed simultaneously. Thus, according to the evidence duly adopted and examined by the court below at the court below (see Supreme Court Decision 2012Do15057, Jul. 25, 2013), the crime is established immediately because the transferee of the registered motor vehicle fails to file an application for the registration of ownership transfer within 15 days from the date of purchase of the motor vehicle (see Supreme Court Decision 2012Do15057, Jul. 25, 2013).
The fact that a crime has been committed may be recognized.
3) Examining the above facts in light of the legal principles as seen earlier, No. 1-D. of the judgment of the court below.
The crime was completed on October 16, 2016 by the Defendant’s failure to file an application for the registration of the transfer of the ownership of a motor vehicle from around 15 days to October 15, 2016 by the time from around September 2016, due to the Defendant’s transfer of the J-type motor vehicle, and the violation of the duty was established around October 16, 2016.
B. However, according to the records, the Defendant was sentenced to the suspension of the execution of ten years for a violation of the Road Traffic Act (unlicensed Driving) and a violation of the Guarantee of Automobile Compensation Act at the Goyang Branch of the Jung-gu District Court on February 9, 2017, and was sentenced to the suspension of the execution of three years for a violation of the Road Traffic Act (unlicensed Driving) and on February 17, 2017.
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