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(영문) 서울중앙지방법원 2017.02.09 2016고단6901
공기호부정사용등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On July 15, 2016, the Defendant violated the Automobile Tax Act: (a) the front number plate of the vehicle for the vehicle for the vehicle for the vehicle of Category C in the name of Category B was seized; and (b) the Defendant was unable to operate the vehicle; (c) on August 9, 2016, the Defendant unlawfully used the front number plate of the vehicle for the vehicle of Category B by attaching the front number plate of the vehicle for the vehicle of Category B to the front number plate of the said vehicle for the purpose of exercising the vehicle of KRW D around 05:00; and (d) at the same time, unlawfully used the registration certificate.

2. On August 11, 2016, around 13:10 on August 13:1, 2016, the Defendant used “G” underground parking lots located in Yangcheon-gu Seoul Metropolitan Government F to the construction site of “Central University” located in Yangcheon-gu Seoul Metropolitan Government, and used the offline 1, attaching the registration number plate, which was unlawfully used, in the same manner as that indicated in paragraph 1, to the construction site of “Central University.”

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes concerning vehicle photographs, copies of vehicle registration certificates, and comprehensive vehicle details;

1. Article 238 (1) of the Criminal Act (Unlawful Use of Official Marks) in relation to a crime, Article 238 (2) and Article 238 (1) of the Criminal Act (Unlawful Use of Official Marks) in relation to a crime, Article 78 subparagraph 2 of the Automobile Management Act, and Article 71 (1) (Unlawful Use of Official Marks, etc.), Article 238 (2) and (1) in relation to a crime;

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 stay of execution (Article 62 (1) of the Criminal Act on the grounds of sentencing as follows);

1. The act of arbitrarily attaching a registration number plate removed by the defendant on another vehicle for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act to run personally is likely to be abused as a means of crime by clarifying the ownership and operation relationship of the vehicle operating on the road, and the act may be likely to cause the victim or the investigative agency to the location of the perpetrator and the responsibility when a traffic accident occurs in the course of operation.

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