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(영문) 창원지방법원 2019.09.18 2019고단1655
공기호위조등
Text

A person shall be punished by imprisonment with prison labor for not less than four months for a crime of No. 1 in the judgment of the defendant, and imprisonment with prison labor for not more than two months.

(b).

Reasons

Punishment of the crime

[criminal power] On December 19, 2017, the Defendant was sentenced to six months of imprisonment for a crime of fraud at the Changwon District Court. The above judgment became final and conclusive on July 13, 2018, and the Defendant terminated the execution of the sentence at the Common Detention House on June 18, 2018.

【Criminal Facts】

1. On December 2017, the Defendant violated the Air Forgery and the Automobile Management Act: (a) at the Defendant’s residence located in the Seocho-si Kimhae-si B, and (b) the front number plate of the Defendant’s low-priced car owned by the Defendant was kept in custody on the grounds of default of administrative fines, etc.; (b) the Defendant forged one motor vehicle registration number plate, which was an air strawer, by attaching a white straw board of the size of the license plate for the purpose of operating the said motor vehicle on a wooden straw board; and (c) the Defendant forged the

2. The Defendant, as described in paragraph (1), attached a forged motor vehicle registration number plate to the Defendant’s low-priced passenger car, and exercised a forged air defense by operating the forged motor vehicle on the roads of Kim Il-ran from June 19, 2018 to April 30, 2019, and used the forged motor vehicle registration number plate at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (Attachment of counterfeited number plates), registration certificate, details of offenses, details of payment of penalties;

1. Previous convictions in judgment: Criminal records, current status of personal confinement, and application of each statute of judgment;

1. As to facts constituting an offense, Articles 238(1) and 238(2) of the Criminal Act, Articles 78 subparag. 2 and 71(1) of the Automobile Management Act (the use of forged registration number plate and forged registration number plate) of the Automobile Management Act, and “exercise” of the crime of forgery of air defense, and the crime of uttering of forged air defense refer to the use of forged air as genuine air, and does not require the misunderstanding as the number of another vehicle. Thus, the Defendant’s vehicle registration number indicating his/her vehicle number by means of the sheet is limited to his/her vehicle number.

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