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(영문) 전주지방법원 2020.10.27 2020고단1551
공기호위조등
Text

The punishment of the accused shall be determined by six months of imprisonment.

Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was kept in custody a car registration number plate of the B low-priced car owned by the defendant due to tax delinquency, and the defendant arbitrarily made a front number plate of the automobile and made it possible to operate the car.

1. On June 15, 2020, the Defendant, who violated the Automobile Management Act, entered “B” into and printed out a computer into A4 form with a view to exercising it in a residential area at around 21:00, by using the computer, and then hosting it with a size of 36 cm wide and 13 cm long.

Accordingly, the defendant forged the air defense and forged the registration number plate at the same time.

2. Around 06:40 on June 16, 2020, the Defendant violated the Automobile Management Act: (a) attached the registration number plate forged as set forth in paragraph (1) on the front road located on the Dongdaemun-gu C and D 1st floor of the Jeonjin-gu Seoul Special Metropolitan City on June 16, 202; and (b) operated the said car after attaching it to the front license plate.

Accordingly, the defendant exercised forged air defense and used forged motor vehicle registration number plate at the same time.

Summary of Evidence

1. Defendant's legal statement;

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

1. Relevant provisions of Article 238 (1) of the Criminal Act, Article 238 (2) and (1) of the Criminal Act concerning facts constituting an offense, and Articles 78 subparagraph 2 and 71 (1) of the Automobile Management Act (the forgery and use of a registration number plate);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (i) the crimes of forging air, the crimes of forging air, the crimes of violating the Automobile Management Act, the punishment imposed on the crimes of violating the Motor Vehicle Management Act with heavier punishment, (ii) the crimes of using forged air, the crimes of using forged air, the crimes of violating the Motor Vehicle Management Act, and the punishment imposed

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [Aggravation of concurrent crimes for the punishment prescribed for the violation of the Automobile Management Act due to the exercise of a forged registration number plate, heavier than the quality of crimes];

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing of Article 62-2 of the Criminal Act for community service work.

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