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(영문) 광주지방법원 해남지원 2014.08.20 2014고단86

주민등록법위반등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On January 31, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for violating the Military Service Act in the wooden District Court Branch, and completed the execution of the said sentence on June 10, 2012.

1. The Defendant violated the Resident Registration Act: (a) while committing a criminal act in order to conceal his/her usual course of business; (b) around 17:00 on February 16, 2014, the Defendant confirmed whether he/she violated the human rights of employees on the road in front of 49-1 due to the liquidation of the Jeondonam-do, Jeonnam-do, and (c) on his/her police box affiliated with the police box of the complete police station where personal information was sought, he/she was called C; and (d) notified C’s resident registration number F of the resident registration number number of another person

2. On February 16, 2014, at around 18:20, the Defendant: (a) carried out to C as described in the foregoing paragraph, within the Dondo Police Station D police box located in Dondonam-gun G, including the above paragraph (a); (b) recorded “C” in the column for confirmation of the suspect of arrest and arrest and detention without authority; (c) forged C’s signature; and (d) issued the Dondo Police Station D police box, which may be aware of the fact, as if having been duly formed, to the assistant E of the police box belonging to the Dondo Police Station, and exercised C’s signature.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. A written confirmation or physical confirmation;

1. Previous convictions indicated in the judgment: Application of criminal records, repeated statements, identifications, confinements, and other Acts and subordinate statutes;

1. Article 37 subparagraph 10 of the Resident Registration Act regarding facts constituting an offense; Article 37 subparagraph 10 of the Act on the Election of Resident Registration Numbers; Article 239 (1) of the Criminal Act; Article 239 (2) of the Criminal Act (the use of a forged private signature) and Article 239 (2) of the Criminal Act;

1. Article 35 of the Criminal Act among repeated crimes;

1. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act have been completed on June 10, 2012. Each of the instant crimes committed on February 16, 2014 during the repeated crime period.

However, since the crime of forging or forging private signature and the crime of its exercise are limited to imprisonment, the defendant is sentenced to punishment.