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(영문) 서울중앙지방법원 2018.05.31 2017고단7310
공기호부정사용등
Text

Defendant

A shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A requested B to operate a two-wheeled automobile registration number plate of F SG125 to re-issue it to E in the name of the Defendant, and attached it to a two-wheeled automobile with the Defendant’s unregistered SL125. From that time until July 12, 2017, A operated a two-wheeled automobile with the registration number plate of the two-wheeled automobile, which was unlawfully used in Seoul, from that time until July 12, 2017.

As a result, Defendant A exercised an illegal air defense.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of the police officer in G;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Request for cooperation in investigation (personal history of registration of two-wheeled motor vehicles);

1. The register of two-wheeled motor vehicles (E);

1. Application of Acts and subordinate statutes to a report on disuse of two-wheeled automobiles;

1. Article 238 (2) and (1) of the Criminal Act relating to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 48 (1) 1 of the Criminal Act / [part of acquittal]

1. Summary of the facts charged

A. On April 2007, Defendant A requested B to operate the business establishment Obato re-issue the FSG125 registration number plate for two-wheeled vehicles under the name of Defendant E, and attached the registration number plate to the Defendant’s non-registered SL125 two-wheeled vehicles, from that time until July 12, 2017, Defendant A operated two-wheeled vehicles that requested the registration number plate for two-wheeled vehicles that were illegally used at the city of Seoul to July 12, 2017.

As a result, Defendant A used a two-wheeled automobile registration number plate unlawfully.

B. Defendant B, around April 2007, knew that Defendant A’s “I” operated by Defendant H in Seongdong-gu Seoul, had a registration number plate of a two-wheeled automobile attached to A’s unregistered SG125 to a two-wheeled automobile, even though he was aware that he unlawfully exercised a two-wheeled automobile registration number plate.

Accordingly, A, from the above day to July 12, 2017, is a two-wheeled automobile with the registration number plate which was unlawfully used in the first place in Seoul city.

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