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(영문) 의정부지방법원 고양지원 2018.11.23 2018고단2466
공기호부정사용등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. The registration number plate and seal of a vehicle attached to a motor vehicle violating the Automobile Management Act shall not be removed without obtaining permission from the competent market;

Nevertheless, on September 6, 2018, the Defendant removed the front number plate of D-wing and C vehicles from around the street in front of the building B, C, and the front number plate of D-wing and C in his hand.

2. The Defendant, at the time and place specified in the preceding paragraph, attached the DNA front number plate, which was removed as above, to the front part of the vehicle, and used illegally the official sign by operating it at the front area of the vehicle, around 18:09, around the same day, at the outer circular road of Seoul, and around the 18:09, the Defendant exercised the illegally used air defense.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of referral of and reports on traffic violations;

1. Investigation report (Attachment of a photograph of a license plate of a D sealed vehicle) - Application of Acts and subordinate statutes to the investigative report (verification of the reporter's details of the report);

1. Article 81 of the relevant Act concerning the facts constituting an offense, and Articles 81 subparagraph 1, 10 (2) of the Automobile Management Act (the point of removing the registration number plate of a motor vehicle, the choice of imprisonment), Article 238 (1) of the Criminal Act (the point of unlawful use of official marks) and Articles 238 (2) and 238 (1) of the Criminal Act (the point of exercise of unlawful use air defense);

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes is a crime committed during the period of suspended execution, although the period of suspended execution is not yet long, the crime of unlawful use in air and the crime of unlawful use in air and the crime of unfair use in air and the crime of unfair use in air hypinging in the unfair air shall be sentenced to imprisonment with prison labor for the defendant. As such, the defendant recognized all of the crimes in this case and reflects his mistake, and the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. shall be determined as ordered by taking full account of the various circumstances that led to the sentencing as shown in the records and the theory of change.

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