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(영문) 서울동부지방법원 2015.05.21 2015고단783
공기호부정사용등
Text

A defendant shall be punished by imprisonment for four 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 December 2, 2014, the Defendant violated the Automobile Management Act purchased B automobile registration license plate from a second-hand merchant on the street near the Macheon-dong, Songpa-gu, Seoul, on the street, in order to use the signs of public offices for the purpose of exercising the registration license plate, and at the same time, unlawfully uses the registration license plate, by attaching it to the back number plate of the freight truck owned by the Defendant for the purpose of exercising the registration license plate.

2. From early December 2014 to January 24, 2015, the Defendant exercised an air defense that was unlawfully used by operating the wing loan car with the above registration number plate attached, while engaging in the business of selling the old-days and the sick in the old in the old in Songpa-gu Seoul, Songpa-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Application of statutes to each motor vehicle photograph, stolen and stolen vehicle detailed data, a copy of a motor vehicle registration certificate, and a copy of a motor vehicle transfer certificate;

1. Relevant provisions of Article 238 (1) of the Criminal Act for criminal facts, subparagraph 2 of Article 78 of the Automobile Management Act, Article 71 (1) of the Automobile Management Act and Article 238 (2) and Article 238 (1) of the Criminal Act for criminal facts;

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 Motor Vehicle 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 (with respect to a crime of violating the Automobile Management Act);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no previous conviction for the same kind of punishment, and the fact that it is against the situation of wrong approval);

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