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(영문) 서울중앙지방법원 2016.09.26 2016고단4129
공기호부정사용등
Text

A defendant shall be punished by imprisonment with prison labor 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

On July 3, 2015, the Defendant: (a) around July 3, 2015, the Yeongdeungpo-gu Seoul Metropolitan Government Office kept the front number plate of the vehicle owned by the Defendant on the grounds of the delinquency in payment of administrative fines; and (b) cancelled the vehicle; (c) the Defendant was released from being unable to operate the vehicle; and (d) attached the C number plate to operate the vehicle.

1. Around November 2015, the Defendant illegally used air defense (hereinafter “C”) attached “C”, a car number plate, which was the cancelled car number plate, which was found in the vicinity of the Incheon Metropolitan City’s business office in the D Parking lot in Gangseo-gu Seoul Metropolitan Government, before and after the Defendant’s vehicle B owned.

Accordingly, the defendant used the official symbol for the purpose of exercising the right.

2. On April 4, 2016, around 08:40 on April 4, 2016, the Defendant used the number plate of “C”, which is the air hospited in Gangnam-gu Seoul, for illegal use, used in the air hosp vehicle B in front of and after the attachment.

3. The Defendant violated the Automobile Management Act: (a) operated “C”, which is the registration number plate cancelled at the time and place under paragraph (2) in front of Bone Star Co., Ltd.; and (b) unlawfully used the vehicle registration number plate after attaching it thereafter.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection and a statement of control;

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

1. Automobile registration certificate and original register of automobile registration;

1. Application of Acts and subordinate statutes governing vehicle photographs;

1. Article 238(1) of the Criminal Act in relation to the facts constituting an offense (the illegal use of official marks) under Article 238(1) of the same Act, Article 238(2) and Article 238(1) of the Criminal Act (the occupation of an unlawful use air) and Articles 78 Subparag. 2 and 71(1) of the Automobile Management Act (the occupation of unlawful use of registration number plates);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor for a violation of the Automobile Management Act, which has decided on the selection of punishment;

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. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., the fact that the criminal defendant reflects his/her wrongness and that the criminal defendant has no record of committing an offense);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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