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(영문) 수원지방법원 안산지원 2020.02.18 2019고단4149
공기호부정사용등
Text

A defendant shall be punished by imprisonment for six 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

1. On October 13, 2019, the Defendant, at around 10:00, removed the Defendant’s automobile registration number plate for CMW R1200 RINE license plate owned by the Defendant without authority for the purpose of exercising it on the front road in front of the Defendant’s house located in B during Gyeonggi-si, Gyeonggi-si, and used the air illegally by attaching D-owned X50A (number E) on the rear side of the motorcycle.

2. At around 12:00 on October 13, 2019, the Defendant illegally operated a motorcycle with a motor vehicle registration number as described in the foregoing paragraph 1 before the Defendant’s house to the front road of the Nam-gu Incheon Metropolitan City, and exercised the air defense illegally used by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Application of enforcement photographs and Acts and subordinate statutes on the 112 Reporting Case List;

1. Article 238 (1) of the Criminal Act (Unlawful Use of Air Code) and Article 238 (2) and (1) of the Criminal Act concerning facts constituting an offense (the point of an unlawful use of air defense);

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 (including the fact that a crime with no special intention was committed, and the fact that a defendant is against his/her will)

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