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(영문) 서울중앙지방법원 2015.01.13 2014고단9100
공기호부정사용등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

around July 2012, the Defendant received a request from the FP to lend a passenger car with a general number plate attached, not a “Licensed” license plate, from the EB malicious point operated by the Defendant at the Seoul FO, which was run by the Defendant.

On July 2012, the Defendant removed A Qbenz CSSSS50 car license plate from the Seocho-gu Seoul Metropolitan Government Financial Apartment Parking Facility, and installed it front and rear in front of and rear a passenger car 550 car.

Since then, the Defendant knew that the FP would operate in the vicinity of the New Croto department store in Seoul Skwon-dong, the Defendant set a car to FP, which replaced the number plate as above, and the FP operated the said car in Seoul.

Accordingly, the defendant removed the registration number plate, which is the air, without authority, and used it unlawfully, and exercised the registration number plate which was used unlawfully.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each police interrogation protocol against C or FP;

1. AS a copy of the statement made by the police;

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

1. Article 238 (1) and (2) of the Criminal Act of the relevant Act concerning criminal facts, Article 238 (2) of the Criminal Act, subparagraph 2 of Article 78, Article 71 of the Automobile Management Act, subparagraph 1 of Article 81, and Article 10 (2) of the Motor Vehicle Management Act (a violation of the Motor Vehicle Management Act due to the removal of sealing on a registration license plate, etc.);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of Automobile Management Act due to unlawful use, such as the crime of unlawful use air defense and the crime of unlawful use of a registration license plate, etc., and the punishment imposed on a violation of Motor Vehicle Management Act due to such unlawful use);

1. Selection of punishment by imprisonment with labor for a violation of the Motor Vehicle Management Act;

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act is the most severe use of a registration number plate;

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