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(영문) 전주지방법원 2015.02.13 2014노1160
공기호위조등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts (Defendant A) since there was no conspiracy between the Defendant and B to commit the crime of forging a vehicle number plate in this case, the Defendant does not constitute a crime of forging air defense. (2) The instant vehicle number plate in the front and rear, even if the number of the number plate in the front and rear are different, so it did not reach the extent that it would be misunderstood as a genuine number plate in appearance.

Therefore, the defendant is not guilty of forging air defense and uttering of forged air defense.

B. The lower court’s sentence (Defendant A: imprisonment with prison labor for 8 months and collection, Defendant B: imprisonment with prison labor for 8 months and 8 months) against the Defendants is too unreasonable.

2. Determination

A. As to Defendant A’s assertion of mistake of facts, the Defendant, from the investigative agency to this court, consistently stated that “The vehicle number plate of this case was sold to B with the knowledge that the vehicle number plate of this case was cut, and there was no forgery or alteration of the vehicle number plate of this case,” the following circumstances acknowledged by the evidence duly adopted and investigated by the court below and the court below, i.e.,: ① from the investigative agency to the court of the first instance, the Defendant would make the vehicle number plate of this case; ② the Defendant would make the vehicle number plate of this case to sell the vehicle of this case; ② the Defendant sold the vehicle of this case to B without taking any measures to recover the vehicle number plate of this case in a normal way; and the Defendant, even after his request, sold the vehicle number plate of this case to B without forgery or removal the vehicle number plate of this case.”

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