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(영문) 대전지방법원 2017.06.30 2017고단1799
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On January 2017, the Defendant: (a) obtained a victim’s “C” number plate owned by the victim who was lost on the floor located in the 4 complex near the Daejeon Seodong-ro 222-ro, from among the middle of the 2017, in the vicinity of the 222-ro, and (b) did not take necessary procedures, such as returning it to the victim, and (c) did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. On April 19, 2017, around 10:40, the Defendant, as described in paragraph 1, posted the above “C” number plate, which he acquired as stated in the said paragraph, on the road near the four-way radius in the Seo-gu, Seo-gu, Daejeon, Seo-gu, Daejeon.

Accordingly, for the purpose of exercising the right, the Defendant used the registration number plate on the air, attaching the registration number plate on the Defendant’s ozone part, and exercised the registration number plate on the air, which was used unlawfully by operating the Defendant’s ozone part with the above registration number plate attached.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the investigation report (the owner of number plates);

1. Application of the video Acts and subordinate statutes to photographs of otobs, photographs;

1. Article 238 (1) of the Criminal Act in relation to the crime (the illegal use of official marks), Article 238 (2) and Article 238 (1) of the Criminal Act (the use of illegally used air), Article 360 (1) of the Criminal Act (the possession of embezzlement of deserted articles in possession), Article 78 subparagraph 2 of the Automobile Management Act, and Article 71 (1) (the illegal use of official marks) of the Motor Vehicle Management Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the crime of unlawful use of public marks, the crime of violation of the Automobile Management Act, and the punishment imposed on a crime of violation of the Motor Vehicle Management Act of which punishment is heavier: Provided, That the lowest limit shall be the punishment determined for the crime of unlawful use of air defense, and such punishment shall be applicable);

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 suspended execution;

1. Confiscation.

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