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(영문) 대구지방법원 포항지원 2018.10.17 2018고단967
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 March 2018, the Defendant illegally used air defense at the construction site of farmland in North-gu, Northern-gu, and removed the number plate of C (number D) excavation machines owned by the Defendant at the construction site of the farmland development in North-gu, Posi, Ma, and used the official sign unlawfully by attaching the number plate to the above excavation machines (number :F).

2. From the above day to April 13, 2018, the Defendant, at the above place, exercised the air units illegally used by operating the refacing machine with a number plate of another refacing machine (numberF) as above at the above place.

Summary of Evidence

1. Statement by the defendant in court;

1. Control photographs;

1. Application of Acts and subordinate statutes on construction machinery registration certificates;

1. Article 238 (1) of the Criminal Act (the point of unlawful use of official marks) and Article 238 (2) and Article 238 (1) of the Criminal Act (the point of unlawful use of official marks) concerning the facts constituting an offense;

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 suspension of execution (including the fact that there exists no past record of punishment exceeding the same type of electricity and fine and the fact that the number plate illegally used has been discarded, etc.);

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