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(영문) 제주지방법원 2017.02.09 2016고단2456
공기호부정사용등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On September 2, 2015, the Defendant was sentenced to a suspended sentence of ten months by imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) at the Jeju District Court on September 2, 2015, and the said judgment becomes final and conclusive on September 10, 2015 and is still under the suspended sentence.

【The Defendant: (a) while holding a enclosed Franchis and C Car on August 2016, the Defendant was subject to seizure of the front and rear number plates of the Defendant’s house located at the office of the Defendant and the fine for negligence, etc.; (b) when the Defendant was unable to prepare repair expenses for a sealed franchis vehicle due to malfunction, he was removed from the front and rear number plates of the sealed franchis vehicle for the purpose of exercising the repair expenses; and (c) when he was removed from the front and rear number plates of the sealed franchis vehicle, he was installed in the front and rear of the franchis vehicle; and (d) from around that time to September 01:35, 2016, the Defendant was using the B number plates illegally used from the Seocho-si to the front and rear of the franchis vehicle, and exercised them in the state of attaching the B number plates to the franchis vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (the details of the report on the receipt of the detailed reports on the B-wing vehicles, C Karen vehicles, photographs of vehicles and comprehensive details of vehicles); vehicle photographs; and comprehensive details of vehicles;

1. Investigation directions, control photographs, and data relating to the illegal use of air defense;

1. Previous convictions in judgment: The application of a reply to inquiry, such as criminal history, and latest copy of judgment;

1. Article 238 (1) of the Criminal Act (the point of unlawful use of official marks) and Article 238 (2) and Article 238 (1) of the Criminal Act (the point of unlawful use of official marks) concerning the facts constituting an offense;

1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes (hereinafter “Aggravated Punishment”), and Article 50 of the Act on the Punishment of Violences, Etc. are crimes punishable by imprisonment with prison labor for each of the relevant statutory provisions. The Defendant was sentenced to two years of suspended sentence for October due to a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) on September 2, 2015, and the said judgment was rendered on September 10, 2015.

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