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(영문) 대구지방법원 김천지원 2021.02.18 2020고단1308
공기호부정사용
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is the owner of BKaman car and Cchip car.

1. On March 2018, the Defendant: (a) removed the front and rear number plate of the said car on the grounds that the said car was broken out and worn out in the maintenance plant that he operated by the Defendant, and (b) the Defendant owned by the Defendant, and (c) installed the said car before and after the front and rear number plate of the said car; and (d) attached the G (number of chassis: H) which was kept in custody at the request of the F, a customer, for the purpose of operating as if he was his vehicle.

2. The Defendant removed the front and rear number plate of the said vehicle on the ground that the Cranchise car (A) owned by the Defendant was broken out and worn out at the time and place specified in paragraph 1, and attached to the JJ (K) car which was kept in custody at the request of its customers around 2011 for the purpose of operating as one’s own vehicle as if it were a vehicle.

As a result, the defendant used the car registration number plate which is air strawing.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to the report on internal investigation (with respect to chassis number comparison and attachment of a copy of a motor vehicle registration certificate), two copies of the motor vehicle registration certificate, report on internal investigation (related to the authenticity of theG statements), investigation report (number plates and body number shooting, etc.), certificate of cancellation of the motor vehicle

1. Article 238 (1) (former part) of the Criminal Act, the former part of Article 37, Article 38 (1) 2 and Article 50 of the same Act, as to the punishment for concurrent crimes under Article 238 (1) of the same Act;

1. The grounds for sentencing under Article 62(1) of the Criminal Act under the suspended sentence are as follows: (a) the Defendant scrapped the instant vehicle; (b) the Defendant has no record of punishment; and (c) the attitude of reflecting it; and (d) the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (c) the conditions for all the sentencing as indicated in the argument of the instant case, including the circumstances after the crime, etc.

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