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(영문) 인천지방법원 부천지원 2018.02.22 2018고단29
공기호부정사용등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 20, 2017, the Defendant embezzled the C Motor Vehicle Registration Number plates, the victim was lost before the Do Party Park, 38-3, Do-dong, Do-dong, Do-dong, Do-dong, Do-si, and embezzled the property that he/she would have, without following necessary procedures, take on the part of the victim, such as returning the victim, and then, embezzled the property that he/she would have, as he/she would have, deviate from the possession of the victim.

2. On September 9, 2017, the Defendant violated the Automobile Management Act: (a) attached C an automobile registration number plate acquired in front of the Defendant’s home located in Bupyeong-si, Seocheon-si; and (b) operated the said options car with the C automobile registration number plate attached from the time around the time from September 18, 2017 to September 18, 2017.

Accordingly, the defendant used an automobile registration number plate which is an air defense for the purpose of exercising the right, and exercised an automobile registration number plate which was illegally used.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (the monetary content with reference witnesses B), investigation report (the confirmation of the original register of motor vehicle registration of the target motor vehicle);

1. Protocols of seizure, list of seizure and photograph of seized articles;

1. Original register of each motor vehicle registration;

1. Photographss of vehicles and photographs before and after the destruction of number plates;

1. Application of statutes on a copy of motor vehicle registration certificate;

1. Article 238(1) of the Criminal Act in relation to the facts constituting an offense (the illegal use of official marks), Article 238(2) and Article 238(1) of the Criminal Act (the occupation of exercising illegally used air), Article 78 Subparag. 2 and Article 71(1) of the Automobile Management Act (the occupation of unlawful use of car registration number plates) of the same Act, and Article 360(1) of the Criminal Act (the occupation of embezzlement of abandoned articles);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor for a crime of embezzlement and violation of the Automobile Management Act of selective possession of the penalty;

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. Various conditions of sentencing, such as the nature, motive, background, criminal records, and circumstances after the crime, etc., with the reason of sentencing under Article 62(1) of the Criminal Act.

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