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(영문) 서울북부지방법원 2018.08.23 2018고단2396
공기호위조등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On June 7, 2018, the Defendant was sentenced to the suspension of the execution of 6 months of imprisonment with prison labor due to the charge of forging public marks at Seoul Northern District Court on June 7, 2018, and the said judgment became final and conclusive on June 15, 2018.

Criminal facts

1. When the registration number plate of the freight truck owned by the Defendant was seized due to the delinquency in payment of the fine for negligence, the Defendant forged the registration number plate of the vehicle by using the color pension in order to exercise it at the Defendant’s house located in Seoul Central Franc-gu B and 402 around April 13, 2018.

2. On April 16, 2018, the Defendant used “C” motor vehicle registration number plate, which is the symbol of a forged public office, as set forth in paragraph 1, on the front of Guri-si, Guri-si, and operated the said motor vehicle.

3. No person who violates the Automobile Management Act shall use a forged or forged motor vehicle registration number plate;

Nevertheless, the defendant forged a car registration number plate as in paragraph 1, and used a forged car registration number plate as in paragraph 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records and voluntary submission;

1. Reporting on detection (Counterfeiting a public sign, etc.);

1. Application of Acts and subordinate statutes to investigation reports (limited to concurrent crimes after Article 37 of the Criminal Act);

1. Article 238 (1) of the Criminal Act (the point of Article 238 of the Public Code), Article 238 (2) and Article 238 (1) of the Criminal Act (the point of exercising forged air) concerning the facts constituting an offense, and Articles 78 subparagraph 2 and 71 (1) of the Automobile Management Act (the point of forging and using a registration number plate);

1. Article 40 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 48(1) of the Criminal Act of confiscation is that the defendant recognizes and reflects all of the crimes, and there are circumstances to be considered in light of the circumstances leading to the crime.

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