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(영문) 대전지방법원 천안지원 2015.09.03 2015고단1020

주민등록법위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Although no person violating the Resident Registration Act unlawfully uses another person’s resident registration certificate, the Defendant illegally uses another person’s resident registration certificate by presenting his/her prior resident registration certificate as if he/she was his/her own resident registration certificate, while being investigated under suspicion of violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (sexual traffic) by the superintendent of the police station in Yananannam-dong Police Station around November 13:30, 2014.

2. The Defendant, at the time and place specified in paragraph (1), received the suspect investigation from the Speaker C at the time and place specified in paragraph (1), and then, without authority, entered the signature of “D”, which is the Defendant’s birth friendly, and forged another’s signature as if he was his signature, and issued the above interrogation protocol, which contains the signature of “D” written in the same time and place as above, to the above C, without authority, for the purpose of exercising the suspect interrogation column of the suspect interrogation protocol.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police interrogation protocol as of November 7, 2014 to the defendant (including images of the copy of the resident registration certificate attached thereto)

1. Application of the Acts and subordinate statutes stating the investigation report (suspects, etc.);

1. Article 37 Subparag. 8 of the Resident Registration Act regarding the facts constituting the crime, Article 37 Subparag. 8 of the Act on the Selection of Resident Registration Certificate and Imprisonment with labor), Article 239 (1) of the Criminal Act, Article 239 (2) and Article 239 (1) of the Criminal Act (a point of exercising a false signature);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter, taking into account the favorable circumstances among the reasons for sentencing) is that the defendant is being investigated as a sexual traffic crime.