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(영문) 인천지방법원 2015.04.30 2012고단11098
공기호위조등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. The Defendant, who had been operated by the Defendant, had his vehicle number plate lost, and had the vehicle number plate affixed after the combination of B car number plates owned by the Defendant. The Defendant had the intention to affix it subsequent to the combination of passengers.

On July 17, 2012, the Defendant, at the Defendant’s house located in Bupyeong-gu Incheon Metropolitan City Bupyeong-gu, made steel plates to easily distribute steel products, divided a green scin, inserted a car number “B” into actual containers.

For this purpose, the defendant has forged one motor vehicle number plate under the name of the Seoul Motor Vehicle Registration Office.

2. The Defendant at the time and place specified in paragraph (1) attached the vehicle number plate, which is a forged air sign, at the time and place specified in paragraph (1), and exercised the above van by allowing it to be operated from the Defendant’s house to the Nam-gu Incheon Southern-dong 225-19, Namdong-dong, Incheon, on October 14, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A letter of the person in charge of DNA preparation;

1. Serial photo and registration certificate;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 238 (1) of the Criminal Act 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, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Determination of sentence: Imprisonment with prison labor for not less than six months, two years of suspended sentence (limited to reasonable circumstances) and not less than two years of suspended sentence, and the fact that the back number plate of the defendant's vehicle was lost, forgery of the number plate as it is by the defendant's number plate;

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