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(영문) 대전지방법원 2018.10.11 2018고단2873
공기호부정사용등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, who illegally uses air defense, is the owner and owner of the B Pote vehicle, and the front number plate of the Pote vehicle was kept in custody at the police station of the Daejeon Western Police Station due to the failure to pay an administrative fine, he had the mind to attach the front number plate of the other vehicle and use it.

On April 29, 2018, the Defendant was parked in the street in front of the church, in the Seo-gu Seoul Special Metropolitan City, Seo-gu, Daejeon.

C The front number plate of the vehicle was removed and then the front number plate was attached to the front number plate of the vehicle.

Accordingly, the defendant used the official symbol for the purpose of exercising the right.

2. On April 29, 2018, the Defendant exercised the air defense that was illegally used by running the tegrative vehicle with a license plate attached from around April 29, 2018 to May 17, 2018, such as the foregoing paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on occurrence (illegal use of official marks), investigation reports, site photographs, ledger of registration of each motor vehicle, report on internal investigation (verification of the date of provisional holding of number plates);

1. Article 238 (1) of the Criminal Act (the point of unlawful use of official marks) and Article 238 (2) and Article 238 (1) of the Criminal Act (the point of unlawful use of official marks) concerning the facts constituting an offense;

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

1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the age, sex, family, family relation, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined as ordered in full view of the following circumstances.

The disadvantageous circumstances: A crime using a vehicle registration number plate attached to another vehicle due to the failure to pay fines for negligence, which is a crime using another vehicle registration number plate attached to it, and the circumstances that the crime is inferior in light of the background and contents of the crime, and the method: The confession of the crime in this case and reflects the mistake, and there is no criminal record of the same criminal record and the suspension of execution.

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