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(영문) 광주지방법원 2018.01.19 2017고단3699
공기호부정사용등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 6, 2017, at around 01:00, the Defendant violated the Automobile Management Act: (a) was removed from the front of the two car-free apartment owned by the Defendant in front of the B car-free apartment 208, the front of the B car-free apartment owned by the Defendant in front of the B car-free apartment 208, and (b) was removed by using the drack who had the number plate, and then was properly issued the CM5 car.

As a result, the Defendant used the registration number plate under the Automobile Management Act unlawfully and at the same time used the marks of public offices for the purpose of exercising them.

2. From around 17:00 on July 6, 2017 to 23:00 on the same day, the Defendant used the foregoing SM5 car with B number plates from the front of the two cancer apartment 208 to the front of the oil station located in Gwangju Southern-gu D, and used the signs of public offices illegally used.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Each entry into the records of seizure and the list of seizure;

1. Statement of registration certificate;

1. Application of statutes on images of on-site photographs;

1. Article 238 (1) of the Criminal Act relevant to the crime; Article 78 subparagraph 2 of the Automobile Management Act; Article 71 (1) of the Automobile Management Act; Article 238 (2) and Article 238 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the crime of unlawful use of the air in judgment and the crime of violation of the Automobile Management Act, and the punishment imposed on a crime of violation of the Motor Vehicle Management Act of which punishment is heavier);

1. Selection of imprisonment with prison labor for a violation of the Motor Vehicle Management Act;

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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the defendant moves a motor vehicle registration number plate issued by the country to another motor vehicle without permission, and the criminal liability is not less complicated.

There are 12 criminal records for the accused.

However, the defendant committed the crime of this case for the purpose of other crimes.

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