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(영문) 광주지방법원 2017.11.21 2016고단3267

사서명위조등

Text

A defendant shall be punished by imprisonment for not less than five 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 August 12, 2015, the Defendant violated the Resident Registration Act: (a) while driving a B SP-type car on the roads front of a creative elementary school located at the window fence of the Jinyang-gun, Namyang-gun, Namyang-gun, the Defendant was exposed to the circumstances leading up to both police stations due to the signal breach, and did not have a driver’s license; (b) the Defendant was required to present the driver’s license; or (c) the Defendant did not possess a license.

In other words, D's resident registration number, who is another person, had D prepare a penalty payment notification in the name of D.

Accordingly, the defendant used the resident registration number of others unlawfully.

2. At the time and place specified in paragraph 1, the Defendant: (a) was asked to sign the “D” name, a person who is another person, using an electronic pen, at the scene of the violation of the penalty notice notice given on the screen of PDA; and (b) requested the Defendant to sign the penalty payment notice box in the column of the actor who violated the penalty payment notice notice given by C during the hours and place specified in paragraph 1. The Defendant signed the penalty notice slip on the screen of PDA and printed it into a portable printer.

Accordingly, the defendant forged another person's signature for the purpose of exercising it, and exercised it.

3. On the day set forth in paragraph 1, the Defendant driving a motor vehicle without a driver’s license in approximately KRW 21 km from the front day of the Southern-gu Magyang-gu, Gwangju to the front day of the Changyang-gu, Chungcheongnamyang-gu, Seoul, Seoul, for approximately KRW 21 km to the front day of the Changyang-gu, Changyang-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of suspected violation of the Resident Registration Act;

1. A penalty receipt;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article 239 (1) of the Criminal Act, Article 239 (2) and Article 239 (1) of the Criminal Act, Article 239 (1) of the Criminal Act (the point of exercising the above investigation signature), Article 37 Subparag. 10 of the Resident Registration Act (the point of using the resident registration number illegally, the choice of imprisonment), Articles 152 Subparag. 1 and 43 of the Road Traffic Act (the point of driving without a license and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Code, and Article 38.