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(영문) 대전지방법원 2018.05.30 2017노3946

주민등록법위반

Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. The instant crime is an infringement on the public credibility of the Republic of Korea’s public identification system.

However, the sentence of the court below is too unreasonable in light of all the sentencing conditions, such as the defendant's age, sexual behavior, environment, motive, means and consequence, and circumstances after the crime, etc., which are favorable to the defendant, such as the fact that the defendant is the first offender who has no criminal history, that there is no other illegal intent, such as real estate speculation, etc., in the crime of this case, and that the defendant has been faithfully living, such as being given official commendation for 35 years, etc.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

【Grounds for another judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 37 subparagraph 3-2 of the Act on the Registration of Residents of the Election of Criminal Offenders, Article 30 of the Criminal Act, and the selection of fines concerning the crime;

1. Penalty of one million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (one hundred thousand won per day converted);

1. The sentencing of Article 59(1) of the Criminal Act is to be determined as ordered by comprehensively taking into account the various circumstances as seen earlier prior to the reason for sentencing.