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(영문) 창원지방법원 통영지원 2013.10.08 2013고단610
공기호부정사용등
Text

A defendant shall be punished by imprisonment for four months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

1. On May 15, 2013, the Defendant embezzled by removing the number plate of Otobs on the market price, which was attached without following necessary procedures, such as discovering Etobs owned by the victim and returning it to the victim, at the 103 side playgroundd C apartment 103, a 19:30 obs.

2. At around May 15, 2013, the Defendant illegally used air defense, around 19:30 on May 15, 2013, the Defendant removed D’s off-to-land number plates, such as Paragraph 1, at C apartment 103-dong 103, and used the air illegally for the purpose of exercising the above number plates by attaching them to his/her off-to-land at the Defendant’s residence located in F of the city.

3. The Defendant at an illegal-use air defense event exercised the air defense that was illegally used by the Defendant, who operated the Defendant’s stobane, with a number plate attached to D from May 16, 2013 to May 22:30, 2013, from May 16, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on police seizure records;

1. Article 238 (1) of the Criminal Act, Article 238 (2) and Article 238 (1) of the Criminal Act, Article 360 (1) of the Criminal Act (the point of exercising illegal-use air defense), Article 360 (1) of the Criminal Act, which applies to criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the injured party does not want the punishment of the accused and the fact that the accused is against him);

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