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(영문) 부산지방법원 2016.11.23 2016고단6059
공기호부정사용등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

1. On April 15, 2016, at around 15:00, the Defendant: (a) discovered the C motor vehicle registration number plate lost by the victim B at the entrance of the Gangseo-gu Office located in Gangseo-gu, Gangseo-gu, Busan, the Gangseo-gu, Busan, which was located; and (b) did not follow necessary procedures, such as returning it to the victim; and (c) carried it on his/her own idea.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. The Defendant illegally uses air defense, as described in paragraph 1, attached the registration number plate acquired as described in paragraph 1 to the front part of the passenger car coos.

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

3. On May 6, 2016, the Defendant operated the said car in a state where C registration number is attached to D Ecoos car, as described in paragraph (2), from the emptyter at the entrance of the Gangseo-gu Office located in Gangseo-gu, Gangseo-gu, Busan, the Gangseo-gu, Busan, to the front day of the Hancheon-dong, Seopo-dong, Busan.

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

4. No motor vehicle owner who has violated the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle with no mandatory insurance.

Nevertheless, the defendant operated the D Ecoo vehicle which was not covered by mandatory insurance at the time and place specified in Paragraph 3.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Automobile registration certificate (D);

1. A report on investigation (teleline investigation) and a report on investigation (Attachment, such as a report on reasons for the destruction of a motor vehicle);

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 360(1) of the Criminal Act applicable to the crime, Article 360(1) of the Criminal Act of the choice of punishment (the embezzlement of stolen articles, the choice of imprisonment), Article 238(1) and (2) of the Criminal Act (the occupation of unlawful use of air and the exercise of unlawful use of air) and Article 46 of the Guarantee of Automobile Accident Compensation Act.

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