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(영문) 수원지방법원 2016.08.10 2016노1956
공기호부정사용
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the grounds of appeal (misunderstanding of facts) is as stated in the facts charged in this case, the Defendant did not unlawfully use the “E” number plate of 28 tons of the 28 tons of the scoper, which was collected after the report of loss, on the bottom of the driver’s seat of the 48 tons of the scoper registered by D (hereinafter “the scoper”). However, the article operating the scoper of this case with the scoper operating the scoper of this case was merely aware of the scoper board of this case as the scoper number plate of this case, and it was merely a fact that the scoper was placed in the front seat of the scoper of the scoper of this case, and thus, the Defendant cannot be charged with the crime of unlawful use of official marks. The lower court found the Defendant guilty of the facts charged. It

2. Determination

A. On April 2015, the summary of the facts charged, the Defendant: (a) was at the site construction site construction site in Ansan-si; (b) while performing civil engineering works with 48 tons of construction machinery registered as D, which was registered as D, the part of the number plate was set up; and (c) on September 20, 2014, the Defendant was at the bottom of the driver’s seat of the 48 tons of the scoo-si; and (d) was at the time of using the 28 tons of the scoo-si, which was lost and recovered by attaching the “E” number plate, and attached the above “E” number plate to the lower part of the driver’s seat of the scoo-ker.

Accordingly, the Defendant used the number plate of construction machinery, which is air, unlawfully for the purpose of exercising the right.

B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the evidence presented in its reasoning.

(c)

According to the evidence duly adopted and examined in the court below's judgment, ① the Defendant is a person engaged in the rental business during construction, and around April 2015, the Defendant invested about six of the digging search period including the instant digging search period and the “E” digging search period (hereinafter "E digging period") in the civil engineering work for the purpose of building a factory site in Ansan-si, A (hereinafter "the instant construction work"), and ② E digging search period.

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