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(영문) 서울중앙지방법원 2019.08.28 2019고단2637

경범죄처벌법위반등

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. On October 14, 2018, the Defendant reported a false crime against the Punishment of Minor Offenses Act (False Report) to a public official on a 112-line telephone at a place where the exact location is unknown, and at around 22:07 on the same day, the Defendant reported a false crime to a public official who did not report “a person who was arrested within a lock train in the lock room, who is not aware of that person’s sex direction.” On the same day, around 22:17 on the same day.

2. On October 14, 2018, the Defendant violated the Resident Registration Act: (a) filed a false report at a place where the exact location is unknown; and (b) sought personal information from a police officer to punish him/her; (c) the name of the Defendant is “B”; and (d) the resident registration number is “C” to unlawfully use another person’s resident registration number.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on internal investigation (D telephone conversations between police officers on the spot and witness B telephone conversations);

1. A report on occurrence (Violation of the Resident Registration Act);

1. Application of Acts and subordinate statutes to the 112 Reporting Report List and recording records;

1. Relevant Article of the Punishment of Minor Offenses Act, Article 3 (3) 2 (False Reporting) of the Punishment of Minor Offenses Act, Article 37 subparagraph 10 (Unlawful Use of Resident Registration Numbers) of the Resident Registration Act, and selection of fines, respectively;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the sentence like the Disposition is to be imposed, taking into account all the circumstances that form the conditions for sentencing specified in the records of this case, including the defendant’s age, character and conduct, environment, motive and consequence of the crime, and circumstances where the defendant committed several times of criminal punishment, the defendant’s mistake is recognized and is in depth reflected.