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(영문) 춘천지방법원 영월지원 2016.09.23 2016고정73

주민등록법위반등

Text

Defendant

A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 1 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. On March 9, 2016, Defendant A: (a) around 22:25 on March 22, 2016, at the Hanwon-gun, Seowon-gun, Seowon-gun, Seowon-gun, Seowon-gun, requested to present an identification card from C; and (b) at the same time, Defendant B illegally presented a public document by presenting the resident registration certificate issued by the head of Nam-gu Incheon Metropolitan City, Nam-gu, Incheon; and (c) at the same time, used another person’s identification card.

2. On March 2016, at around 20:0, at the request of Defendant B to lend his/her resident registration certificate from his/her Dong-dong, Incheon Metropolitan City D, 203 408 Dong-dong, 408, Defendant B, upon receipt of a request from his/her Dong-gu request, prevented A from lending the above resident registration certificate to A in order to assist A to use his/her Dong-gu casino with knowledge that he/she intended to use his/her resident registration certificate for entry as described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. E statements;

1. Application of the police seizure protocol statutes;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 37 Subparag. 8 of the Resident Registration Act (a violation of the Resident Registration Act), Article 230 of the Criminal Act (a violation of the Act on the Registration of Residents), and the selection of each fine

B. Defendant B: Article 37 subparag. 8 of the Resident Registration Act; Article 32 subparag. 1 of the Criminal Act (a crime of aiding and abetting the violation of the Resident Registration Act); Article 230 of the Criminal Act; Article 32 subparag. 1 of the Criminal Act (a crime of aiding and abetting the unlawful exercise of public documents); and the selection of each fine

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act

1. Defendant B who is eligible for mitigation: Article 32(2) and Article 55(1)6 of the Criminal Act;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act