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(영문) 대전지방법원 2015.01.08 2014노2156
공기호위조
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal is established for the purpose of exercising a forged motor vehicle registration number plate to be used. In light of the purport of the Supreme Court precedents stating that "the operation to be recognized as a "exercise" is merely a means of causing the general public to misunderstand that a forged motor vehicle registration number plate is true, and Article 2 subparagraph 2 of the Motor Vehicle Management Act provides that "the operation of a motor vehicle is to use it in accordance with its usage regardless of the transportation of people or freight," in determining whether a forged motor vehicle registration number plate is exercised, the "operation" shall be deemed to mean the use of the motor vehicle in accordance with its usage.

However, the witness E stated that the defendant requested the attachment of a motor vehicle registration number in order to use the freight vehicle for the cream prior to the determination of the scrapping of the freight vehicle of this case. Thus, even if the freight vehicle of this case is used only for the cream while fixing the freight vehicle at one place, it shall be deemed to be used in accordance with the method of the vehicle, and it constitutes a "operation". Thus, the judgment of the court below acquitted the defendant of the facts charged of this case, even though the purpose

2. The circumstances duly explained by the court below and the evidence duly adopted and examined by the court below, i.e., the borrower of the freight vehicle of this case, where the freight vehicle of this case was displayed as a lux framework, it was requested to repair the freight vehicle of this case, and it was scrapped as to whether it would repair the freight in accordance with the estimate.

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