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(영문) 서울서부지방법원 2015.09.22 2015고단1972
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 2014, the Defendant: (a) purchased a new Mixed FUMA125 Obaba, which newly purchased a motor vehicle registration number plate, attached to the air c, the air c, which was previously owned by the Defendant, in front of the Redwon apartment, 34-gil 32-gil, for the unification of Seodaemun-gu Seoul, Seodaemun-gu, Seoul.

Accordingly, the defendant used air illegally for the purpose of exercising the right.

2. On August 9, 2015, the Defendant exercised an air defense that was unlawfully used by running a mixed FUMA125 Obaba, on which the registration number plate like the above paragraph (1) is attached, from the front of the above Hongwon apartment to the front of the Southern Chang-ro 18-ro in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, to the front of the Southern Chang-ro 18-ro.

Summary of Evidence

1. Defendant's legal statement;

1. Application of statutes governing field control photographs;

1. Article 238 (1) of the Criminal Act (Unlawful Use of Air Code) and Article 238 (2) and (1) of the Criminal Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act. Article 50 (Concurrent Crimes with Punishment concerning Unlawful Use of Air and Uttering Dual Crimes which are heavier Crimes);

1. The reason for sentencing under Article 62(1) of the Criminal Act is to determine the sentence as ordered in consideration of the circumstances of each of the crimes of this case, the period and distance of operation of the motor vehicle registration number plate which was unlawfully used, the criminal records of the defendant, and other various sentencing conditions specified in the records and arguments of this case;

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