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(영문) 수원지방법원 2017.12.12 2017고단6425
공기호부정사용등
Text

A defendant shall be punished by imprisonment with prison labor for up to eight months and a fine of up to three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On May 25, 2017, at around 12:00, the Defendant: (a) removed the registration number plate of the victim C from the victim C’s registration number plate from the underground parking lot of the D building located in Suwon-si, Suwon-si, where the Defendant works; and (b) stolen it.

2. The Defendant, like paragraph 1, illegally uses air defense, unlawfully used air defense, violation of the Automobile Management Act, and violation of road traffic law (unlicensed driving), applied B registration number plates, which stolen B, to the back of the Defendant’s ozone, and applied them to the Defendant’s Obane, without the driver’s license for a motor device from September 10, 2017.

Accordingly, the defendant used the registration number plate in air for the purpose of exercising the right, exercised the illegally used air, and operated the motor device bicycle without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Investigation report (Attachment to the ledger of driver's license for the accused);

1. Detailed data on vehicles stolen or stolen;

1. The application of Acts and subordinate statutes to articles of evidence, photographs and photographs;

1. Article 329 of the relevant Article of the Criminal Act concerning the facts constituting an offense (the Do's point), Article 238 (1) of the Criminal Act (the point of unlawful use of symbols), Article 238 (2) and Article 238 (1) of the Criminal Act (the point of an unlawful use air event), Articles 78 subparagraph 2 and 71 of the Automobile Management Act (the point of unlawful use of a two-wheeled vehicle number plate) and Articles 154 subparagraph 2 and 43 of the Road Traffic Act (the point of unauthorized Operation);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the crime of unlawful use of public marks and the crime of violation of the Automobile Management Act, and the punishment imposed on a crime of violation of the Motor Vehicle Management Act of which punishment is heavier);

1. Selection of a fine for the crime of violation of the Road Traffic Act, such as selective larceny of punishment, and violation of the Automobile Management Act;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and 3, and Article 50 (Article 50) of the Criminal Act for the aggravation of concurrent crimes shall be punished by imprisonment with prison labor for a concurrent crime resulting from a violation of the Motor Vehicle Management Act, the punishment of which is the largest.

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