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(영문) 춘천지방법원 2017.12.20 2016노940
부정사용공기호행사
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. According to the summary of the grounds for appeal, the judgment of the court below which acquitted the defendant, even though the defendant committed a crime falling under the crime of aiding and abetting the air of unlawful use, as stated in the facts charged of this case, is erroneous in the misapprehension of facts, and thereby affecting

2. The following circumstances acknowledged by the judgment of the court below and the court below and the evidence duly admitted and examined by the court below, namely, the defendant parked the instant vehicle in the Jung-gu Seoul Metropolitan Government Down Parking Lot, where the defendant was the place designated by the defendant, and the defendant did not operate the instant vehicle, but the witness F left the instant vehicle from the court court to another area before around 2014, and the defendant stated that he did not contact with the defendant and was at any time at around 2016, the defendant made a confession statement to the purport to recognize the instant charges by reversing the above argument. Upon considering the above confession statement made by the defendant, the defendant's confession statement to the effect that the facts of the instant charges were acknowledged by the defendant as stated in the facts charged can be acknowledged. In addition to the above confession statement made by the defendant, considering the fact that the defendant committed the crime in this case as stated in the facts charged.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

[Judgment] The Defendant, in the middle of January 2016, operated a 1km section from the “hyeong used car complex” to the “horizontal public parking lot” located in the same rith from the “hyeong-gun, Young-gu, Gyeonggi-do,” which is located in the “hyeong-gu, Gyeonggi-do,” to the “horizontal public parking lot” located in the same rith on March 15, 2016, and the above “horizontal public parking lot” from around 44 km to the Seoul Jung-gu, Jung-gu, Seoul. The Defendant denied the use of it by driving it with the knowledge of the attachment of the registration number plate on the front registration number plate of the freight vehicle from around 44 km to the “hyeong-gu.”

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