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(영문) 대전지방법원 서산지원 2016.07.07 2016고단316
공기호위조등
Text

1. The punishment of the accused shall be three months of imprisonment;

2.Provided, That the above punishment shall be imposed for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

When a company-owned B B B bts’ car was kept in custody due to the failure to pay a fine for negligence, the Defendant, on November 2015, attached a white A4 paper 2 to “D” office located in Jin-si, Jin-si, made a car number plate (52 cm wide, 11 cm high) with a car number plate size, and used a forged car number plate by using a letter “B” with a private seal affixed above, and then forged the car number plate from the date of November 2015 to March 17, 2016.

As a result, the Defendant forged the car registration number plate, which is an air straw, displayed a forged air strawer registration number plate, and used a forged number plate under the Automobile Management Act.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Application of statutes on site photographs;

1. The point of exercising a forged air defense under Article 238 (1) of the Criminal Act for criminal facts: The point of exercising a forged air defense under Article 238 (2) and Article 238 (1) of the Criminal Act, and the point of using a forged registration number plate: Article 78 subparagraph 2 of the Automobile Management Act and Article 71 (1) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment as a crime of violating each Motor Vehicle Management Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is not against the nature of the crime by forging and attaching or using an automobile registration number plate, which is the air defense. However, considering the fact that the use of the same number as the original number and the use for other illegal purposes such as other crimes, the punishment as the order shall be determined.

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