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(영문) 부산지방법원 2015.11.26 2015고단6577
공기호부정사용등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On July 2015, the Defendant: (a) acquired a number plate of the DNA wheeled Vehicle registered in the name of the injured party C in the gravel value market located in the Southern-dong, Busan, Jung-gu; and (b) obtained one from the victim C.

The Defendant, without taking necessary procedures such as returning the number plate that he acquired as above, embezzled as he thought to use.

2. On July 2015, the Defendant illegally used air defense, which was attached to the gravel located in the Southern-dong of Busan, Jung-gu, Busan, to the 125cc Mazzine, the Defendant was carrying the DNA number plate that he/she acquired, as above, in the middle-gu Busan, and attached to the 125cc Mazzine.

Accordingly, the defendant used the registration number plate of the two-wheeled vehicle, which is air defense.

3. From July 2015 to September 13:00 on September 26, 2015, the Defendant in an illegal-use air defense event operates a 125C Postea with D number plates attached to the Defendant’s residence in the Seo-gu, Busan, Seo-gu, Busan, where the Defendant had D number plates as above, and operates the 125c Postea.

Accordingly, the defendant exercised the illegally used air defense.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Copies, etc. of the identification number plate photographs, automobile transfer certificate, etc.; and

1. Application of Acts and subordinate statutes to each investigation report (title of registration, telephone investigation);

1. Relevant provisions of the Criminal Act and Articles 238 (1), (2) (the occupation of an illegal use of air and an exercise of the protection of illegally used air) and 360 (1) (the occupation of embezzlement of stolen objects and the choice of imprisonment) of the Criminal Act concerning criminal facts;

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

1. It shall be decided as ordered by the court on the grounds of not less than Article 62 (1) of the Criminal Act (i.e., confession, the same kind of crime, or the punishment heavier than that imposed, and the serious reflect);

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