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(영문) 대구지방법원 경주지원 2018.02.21 2017고단823
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 November 8, 2017, the Defendant: (a) around 18:00 on November 18, 2017, the Defendant: (b) removed the license plate in front of the E E E-ray car owned by the Defendant, the spouse of the Defendant, whose operation was suspended due to the unpaid number plate of the fine for negligence at the 2nd-hand parking lot B at Sejong-si; and (c) attached it to the front part of the E-ray car.

Accordingly, the defendant used the marks of public offices for the purpose of exercising them.

2. On November 19, 2017, around 19:30, the Defendant, at the place indicated in the foregoing paragraph 1, driven a d Asian-packed car with a E number plate attached, from the place indicated in the foregoing paragraph 1 to the 2nd floor parking lot of the 73-16, from the front of the earth at the racing-si.

Accordingly, the defendant exercised the marks of public offices that were unlawfully used.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to four photographs, a copy of a motor vehicle registration certificate (D), photographs, and each of the secondary inquiries;

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 (The confession of the defendant, the fact that there is no record of the same crime, and the circumstances leading to this case, etc.);

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