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(영문) 서울남부지방법원 2020.04.23 2019고단6803
공기호부정사용등
Text

A defendant shall be punished by imprisonment for four months.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

[Criminal Power] On January 9, 2018, the Defendant was sentenced to nine months of imprisonment with prison labor for larceny, etc. at the District Court of the Republic of Korea on April 19, 2018, and completed the execution of the sentence in a medical prison.

【Criminal Facts】

1. Around September 21, 2019, the Defendant illegally used air defense in the vicinity of the Defendant’s house located in Gangseo-gu Seoul Metropolitan Government, for the purpose of uttering by attaching C’s registration number plate acquired within the waste bag to the registration number plate, after a motorcycle without a license plate owned by the Defendant, around December 2018.

2. Illegal-use air defense events, and violation of the Guarantee of Automobile Accident Compensation Act, the Defendant exercised the air defense illegally used by operating approximately 13 km sections on the front side of Incheon Seo-gu, Seo-gu, Incheon, without mandatory insurance, at the time, at the place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on internal investigation (Korean currency with a person who has reported the loss of number plates);

1. Investigation report (the results of inquiry into the CPDA);

1. Records of seizure and the list of seizure;

1. Previous records: Application of Acts and subordinate statutes on criminal records, correspondence records and personal confinement status;

1. Relevant Article 238 (1) of the Criminal Act, Articles 238 (1) of the Criminal Act, Article 238 (2) and (1) of the Criminal Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Act on Guarantee of Automobile Accident Compensation (the point of operating mandatory insurance and the choice of imprisonment);

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Confiscation of a crime is a repeated crime for the reason of sentencing under Article 48(1)1 of the Criminal Act, and since the crime of unlawful use of air defense and the crime of unlawful use of air defense are only imprisonment with prison labor, the defendant is bound to be sentenced to imprisonment with prison labor.

The fact that the defendant recognized the crime of this case and reflects the mistake, and the age, character and conduct, environment, and crime of the defendant are committed.

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