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(영문) 의정부지방법원 2017.12.06 2017고단3918
공기호위조등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

The defendant is the owner of the two-dimensional motor vehicles.

1. On November 2015, the Defendant: (a) at a factory located in Namyang-si, Nam-si, Namyang-si; (b) on September 14, 2015, at the time of the failure to pay an administrative fine, the front registration number plate of the said vehicle was kept in custody for traffic of the police station expenses; and (c) on September 14, 2015, the Defendant forged B’s registration number plate, which is the sign of a public office, by printing “B” in the color and size identical with the number plate, in the white sheet of 45cm wide and 15cm long; and (d) attaching it on the front registration number plate.

2. On April 8, 2017, the Defendant: (a) attached a forged motor vehicle registration number plate on the front line of the said motor vehicle; and (b) exercised a forged motor vehicle registration number plate, which is the air defenseer, at a point 27.4 km in Seoul, on the roads in the south-gu Eup/Myeon, Nam-gu, Namyang-gu, Namyang-gu, Namyang-gu, Seoul, exercising a forged motor vehicle registration number plate at a point 27.4 km from the outer intersection of the said motor vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (as to the provisional holding of number plates of vehicles under investigation):

1. Application of Acts and subordinate statutes in detail to the arrest and report of the occurrence of the case, photographs of car number plates, private inquiries, original register of automobile registration (A), and the details of car inquiry;

1. Article 238 (1) of the Criminal Act (the point of Article 238 of the Official Code), Article 238 (2) and Article 238 (1) of the Criminal Act concerning the facts constituting an offense (the point of exercising forged air defense);

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. The reason for the sentencing of Article 62(1)(hereinafter referred to as the following favorable circumstances) of the Act on the Suspension of Execution is that when the Defendant’s vehicle number plate was kept in custody due to the default of administrative fines and penalties, the Defendant’s use of the vehicle number plate, which is air hosing, forged the vehicle number plate using the sheet, and then affixed it on the vehicle, and the criminal liability is not weak.

However, the defendant's mistake is recognized and depthed.

There has been no history of punishment in excess of fine until now.

In addition, various sentencing conditions, such as the defendant's age, motive, means and result of the crime, and circumstances after the crime.

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