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(영문) 울산지방법원 2017.03.22 2016고단238
공기호부정사용등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On July 2015, the Defendant acquired one registration number plate of the E-registration number plate owned by the victim D, which was kept in the “C” underground parking lot located in Ulsan-gu, Ulsan-gu, Seoul-gu, for the purpose of embezzlement.

The defendant did not take necessary procedures such as returning the motor vehicle registration number plate that he acquired as above to the victim and did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. When the Defendant, at the same time, at a place as set forth in paragraph 1, is unable to operate the said vehicle due to the failure to pay taxes on automobiles, etc., by removing the number plate for the front of the car at hand owned by the competent authority, the Defendant: (a) was unable to operate the said vehicle; (b) attached the number plate for the vehicle E, which is an air straw, obtained and kept as set forth in paragraph 1, on the said A-Whn-Wn vehicle.

Accordingly, the defendant used an automobile registration number plate which is air defense for the purpose of exercising the right.

3. Unlawful events for the defense of air;

A. On July 24, 2015, the Defendant operated a motor vehicle with a hurburged car with a car registration number plate attached, which was an air defense, which was an illegal use, from Ulsan-gu G, Ulsan-gu, as set forth in paragraph 2.

Accordingly, the defendant exercised the illegally used air defense.

B. On December 17, 2015, at around 08:00, the Defendant operated a “C” underground parking lot located in Ulsan-gu, Ulsan-gu, U.S., Ulsan-gu, with an automobile registration number plate attached, which is an air defense, as prescribed in paragraph (2), from a school successful source located in Ulsan-gu, Ulsan-gu, U.S., to a “C” underground parking lot.

Accordingly, the defendant exercised the illegally used air defense.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to each photograph (E vehicle registration number plate, and front and rear photograph of a motor vehicle from each side of a arched motor vehicle);

1. Article 360(1) of the Criminal Act applicable to the crime, Article 360(1) of the option of punishment (the embezzlement of the deserted article in possession), Article 238(1) of the Criminal Act (the illegal use of public symbol) and Article 238 of the Criminal Act.

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