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(영문) 서울중앙지방법원 2016.10.11 2016고단6354
공기호부정사용등
Text

The sentence of sentence against the defendant shall be suspended.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

1. On August 28, 2016, the Defendant violated the Automobile Management Act: (a) attached a registration number plate, which was removed from the Defendant’s name, on the front day of the C market located in Jung-gu Seoul Metropolitan Government, to the VS125 Orala (motor vehicle number: F) where the Defendant newly purchased from D, a registration number plate removed from the “G” VS125 Orala (motor vehicle number: H).

Accordingly, the defendant used a two-wheeled automobile number plate illegally for the purpose of exercising the registration number plate and used it unlawfully.

2. From the date stated in paragraph (1) to August 29, 2016, the Defendant attached a two-wheeled automobile number plate, which is an air defense, which is an unlawful use as described in paragraph (1), and exercised the air that operated the said five-wheeled automobile number plate in Seoul, and used the said five-wheeled automobile number plate at the daily source in Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation, each photograph;

1. Records of seizure and the list of seizure;

1. Application of each of the following Acts and subordinate statutes;

1. Article 238 (1) of the Criminal Act applicable to the facts constituting an offense; subparagraph 2 of Article 78 of the Automobile Management Act; Article 71 (1) of the Automobile Management Act; Article 238 (2) and Article 238 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the crimes of unlawful use of air, the crimes of violating the Automobile Management Act, and the punishment imposed on a crime of violating the Motor Vehicle Management Act of which punishment is heavier);

1. Selection of alternative imprisonment with labor (violation of Automobile Management Act);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Four months of imprisonment to be suspended;

1. Article 59(1) of the Criminal Act provides that the Defendant is the first offender and the Defendant reflects the depth of the mistake, and the circumstances that may be somewhat considered and difficult to support the Defendant’s sincere support for the instant crime, and the Defendant’s completion of the transfer of the name of the Oral Ba purchased by the Defendant, and all of the conditions of sentencing as indicated in the arguments can be comprehensively considered.

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