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(영문) 부산지방법원 2016.06.30 2016고단1884
공기호부정사용등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On May 1, 2014, the Defendant used unlawful use of air defense and the unlawful use of air defense, and the Defendant used the vehicle number plate of the air, which is the air, by attaching a stolen number plate to the vehicle of the chassis B purchased from a non-nameless passenger, in the leisure industry complex located in the early summer-dong, and using the vehicle number plate of the vehicle of the vehicle of the body number B, which was the air by attaching a stolen number plate to the vehicle of the body number B purchased from a non-nameless passenger. From around that time until February 16:45, 2016, the Defendant operated the above Da, which attached the number plate unlawfully used until February 16:45, 2016.

2. The Defendant in violation of the Automobile Management Act did not file an application for the registration of transfer of ownership with respect to the MPG vehicles acquired in the above time and place mentioned in paragraph (1) without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of seizure (voluntary submission), lists of seizure, vehicles and number plates;

1. Investigation report (Attachment to the ledger of vehicle registration, etc.), and detailed data on stolen and stolen vehicles (C);

1. Application of Acts and subordinate statutes to the certificate of a motor vehicle certificate (D, g), certificate of a seal imprint (E, g.), certificate of a transfer of motor vehicle (E), copy of certificate of a transfer of motor vehicle (E), certificate of business registration (E, F Motor Vehicle Trading Business);

1. Relevant legal provisions of the Criminal Act, Article 238(1) and (2) of the Criminal Act (the point of an unlawful use of official marks and an exercise of air defense for unlawful use) concerning facts constituting an offense, and Articles 81 subparag. 2 and 12(1) of the Automobile Management Act (the point of an application for non-registration of the transfer of ownership of a motor vehicle, and the choice of imprisonment);

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. The reason for sentencing under Article 62(1) of the Criminal Act is that the content and nature of the instant crime is not good.

However, the defendant does not actively attach the theft number plate to the above vehicle, but takes over the motor vehicle with the above number plate attached; the defendant reflects the defendant's mistake; there is no criminal conviction exceeding the fine; the defendant's age, sex, environment, etc. shall be determined by the sentence like the order.

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