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(영문) 서울동부지방법원 2019.10.17 2019고단2587
공기호위조등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. When the Defendant was placed in custody with B’s low-est motor vehicle registration number plate for a passenger car due to unpaid penalties, the Defendant made a motor vehicle registration number plate using the method of arbitrarily manufacturing the motor vehicle registration number plate and attaching it to the said motor vehicle in order to operate the motor vehicle, and indicating the number, etc. on July 17, 2019 at the place where it is difficult to know whether it is not more than the present number of the relevant motor vehicle, and on July 15, 2019, the Defendant manufactured the motor vehicle registration number plate using the method of inserting the number, etc. on the number plate through the name box.

Accordingly, the defendant forged a registration number plate, which is a mark of public office, for the purpose of exercising.

2. Around 12:20 on July 19, 2019, the Defendant used a forged motor vehicle registration number plate as described in the above paragraph 1 at the front route of Gangdong-gu Seoul Metropolitan Government, with attaching it to the front part of the motor vehicle for the mountain cover.

Accordingly, the defendant exercised a motor vehicle registration number, which is a symbol of a forged public office.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to a report on investigation (registration and attachment of photographs of a motor vehicle number plate);

1. Article 238 (1) of the Criminal Act and Article 238 (2) and (1) of the Criminal Act concerning facts constituting an offense (a point of exercising forged air defense);

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

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

1. Use of a motor vehicle license plate with reason for sentencing under Article 48(1)2 of the Confiscation Criminal Act by forging and forging the motor vehicle license plate is disadvantageous to the nature of the crime that impairs trust in air traffic, considering favorable circumstances, such as the defendant's mistake, the defendant's behavior, motive, means and consequence of the crime, and the degree of the above Article is not clear, the punishment as ordered shall be determined by taking into account the defendant's age, character and behavior, motive, means and consequence of the crime, and circumstances after the crime, etc.

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