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(영문) 부산지방법원 2018.08.14 2017고단4638
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for four months.

The certificate shall be returned to the heir of subparagraph 1 B.

Reasons

Punishment of the crime

On November 2016, the Defendant: (a) was the owner of a low-priced car; (b) was kept in custody of the registration number plate of the said car on the grounds of tax arrears from the competent authority around November 2016; and (c) was willing to operate the car number plate of the Ebeone Roy Roy Roy, which is owned by the victim B, etc., who was neglected for a long time in front of the D, Pyeong-gu, Busan.

1. On March 30, 2017, the Defendant: (a) on March 30, 2017, up to 21:00, left the road in front of Busan Dongdong-gu and removed the registration number plate attached to the E B et al., the owner of the victim B et al.; and (b) took the idea of possession after removing it by using a hole strawer attached to the spread.

Accordingly, the defendant embezzled the property of the victim who has deserted possession.

2. On April 10, 2017, around 06:00, the Defendant violated the Automobile Management Act: (a) arbitrarily removed the number plate of the said van that was removed from the YMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM

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

Summary of Evidence

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

1. Investigative of seized articles, photographs and chassiss;

1. Police seizure records;

1. The application of Acts and subordinate statutes to the investigation report (2,3) at a time;

1. Article 360(1)2 of the Criminal Act and Articles 78 subparag. 2 and 71(1) (Punishment of imprisonment) of the Automobile Management Act relating to the relevant criminal facts and Article 238(1)0 of the Criminal Act concerning the selection of punishment (Punishment of imprisonment)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the trade name of a person who commits a violation of the Automobile Management Act and an unlawful use of air defense);

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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