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(영문) 수원지방법원 2019.09.26 2018고단7309

주민등록법위반등

Text

A defendant shall be punished by imprisonment for four months.

No. 1 of the evidence seized by the defendant shall be confiscated.

Reasons

Punishment of the crime

1. Around August 23, 2018, the Defendant found one resident registration certificate lost by the victim B at the Manym Park in Suwon-gu, Suwon-si, Suwon-si, Songwon-si, and one copy of the resident registration certificate lost by the victim B.

The Defendant did not take necessary procedures, such as returning the acquired property to the victim, but did so.

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

2. Around August 20, 2018, the Defendant violated the Road Traffic Act (unlicensed Driving) driven a rocketing car with a registration license plate attached to the “E” without obtaining a driving license from around 1km section from the front of the Suwon-si, Suwon-gu, Suwon-si to the front of the same Gu, without obtaining a driving license.

3. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

The Defendant, who was a holder of the said rocketing passenger car, operated the said rocketing passenger car without being covered by mandatory insurance, at the time and place specified in paragraph 2 of the said Article.

4. On August 30, 2018, the Defendant violated the Resident Registration Act: (a) was discovered by the operation of a non-registered motor vehicle on the road in front of the Suwon-si, Suwon-si; and (b) was demanded to present an identification card from G across the F District of the Suwon Police Station, the Defendant acquired and possessed B’s resident registration certificate as stated in the foregoing paragraph (1) as if the Defendant’s resident registration certificate was a resident registration certificate.

Accordingly, the defendant used another person's resident registration certificate unlawfully.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. The police seizure record and the list of seizure;

1. The register of automobiles, the details of the driver's license, and the details of the chassis;

1. Application of B resident registration certificates, on-site photographs;

1. Article 37 of the Resident Registration Act concerning facts constituting an offense and Article 37 of the Selection of Punishment Act.