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(영문) 청주지방법원 영동지원 2017.04.20 2017고단18
공기호부정사용등
Text

A defendant shall be punished by imprisonment for not less than three 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. On June 2016, the Defendant illegally used the car registration number plate, which is an air, for the purpose of exercising by removing the car registration number plate attached to the Drank’s car owned by the Defendant, and attaching it to the above cargo vehicle, in order to operate the Crank vehicle owned by the Defendant, whose front number plate is kept in custody due to tax arrears, at the Defendant’s residence located in Chungcheongnam-gun B of Chungcheongnam-dong, Chungcheongnam-dong, 2016.

2. On January 1, 2017, the Defendant, at around 16:35, exercised the illegally used air defense by attaching and operating a registration number plate on the cargo vehicle owned by the Defendant, as set forth in paragraph (1), on the front of the above B, as well as paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to evidentiary materials;

1. Article 238 (1) of the Criminal Act (Unlawful Use of Official Marks) concerning the facts constituting an offense, Article 238 (2) and Article 238 (1) of the Criminal Act (the use of unlawful exercise of air defense);

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. While there was no record of punishment for the defendant for the reason of sentencing under Article 62(1) of the Criminal Act, there was a history of punishment for the same crime, on the other hand, there was a history of punishment for a majority of punishment and a fine.

The defendant shows an attitude against the defendant when committing the crime of this case.

In addition, taking into account all the sentencing conditions revealed in the trial process of this case, it is right to suspend the execution of imprisonment only once, rather than the sentence imposed by the principal.

Punishment shall be determined as per the text of the report.

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