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(영문) 서울남부지방법원 2018.08.28 2018고단2941
공기호부정사용등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Criminal facts

1. On June 15, 2018, the Defendant violated the Automobile Management Act by unlawful use of air defense and the Automobile Management Act: (a) on June 15, 2018, when the registration number plate of the C options vehicle owned by the Defendant was kept in custody due to the failure to pay a fine for negligence in front of B, 07:00, the Defendant removed the registration number plate of the E-learning vehicle owned by the Defendant; (b) removed the registration number plate of the E-learning vehicle, which is owned by the Defendant, for the purpose of exercising, and used it unlawfully by attaching it

2. On June 17, 2018, from around 08:00 to around 08:15 on the same day, the Defendant illegally used air defenses by operating E registration number plates from the front of Gyeonggi-si B to the front road of the Seoul Guro-gu 22 Dao-ro 13-43, 13-43, i.e., the e-registration number plates, as prescribed in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. The criminal place;

1. Photographs of vehicle and motor vehicle registration number plates for illegal use;

1. Protocols of seizure;

1. A seizure list;

1. Application of each of the following Acts and subordinate statutes (C and E);

1. Subparagraph 2 of Article 78 of the relevant Act on the Management of Motor Vehicles (the illegal use of the registration number plate of motor vehicle), Article 71(1) (the illegal use of the registration number plate of motor vehicle), Article 238(1) of the Criminal Act (the illegal use of the official mark) and Article 238(2) and Article 238(1) of the Criminal Act (the occupation of an illegal use air hos) concerning criminal facts;

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

1. Selection of imprisonment with prison labor chosen;

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 crime of this case with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is not the crime of denying the official symbol by the defendant by attaching and operating the number plate of another motor vehicle on the motor vehicle of the defendant.

However, the fact that the defendant's mistake is against himself, there is no record of the same crime, and there is no particular record of punishment for the last ten years, and there are various circumstances shown in the records and trial process of this case, such as the defendant's age, environment, and circumstances after the crime.

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