주민등록법위반등
The judgment below
Of the judgment of the court below, the part on the third crime (the violation of the Resident Registration Act) is reversed.
(b) the defendant;
1. The summary of the grounds for appeal is that the court below's punishment [10 months in imprisonment with prison labor for the violation of the Resident Registration Act (the violation of the Resident Registration Act) of the first instance judgment and the first, second, and fourth crimes (the violation of the Road Traffic Act and the violation of the Road Traffic Act)] are excessively unreasonable.
2. Determination
A. It is reasonable to exempt the Defendant from punishment in light of the following: (a) although the Defendant voluntarily used the Defendant’s resident registration number of E, his spouse; (b) the Defendant wants to use the Defendant’s wife for the first time in the trial of the case of E; (c) the Defendant’s depth reflects the Defendant; and (d) all of the sentencing conditions specified in the records and arguments of this case, including the Defendant’s age, character and conduct, family environment, and circumstances of crime; and (c) equity with the case of a violation of the Road Traffic Act that has already become final and conclusive ( sound driving). Therefore, the lower court’s punishment on this part is
B. On March 28, 2012, the Defendant’s judgment on the sentence of the crimes of Articles 1, 2, and 4 as indicated in the holding of the lower court is without being aware of the fact that the Defendant had been subjected to a suspended sentence on March 28, 2012, and committed each of the instant crimes at one time of drinking and without obtaining a license, and once without obtaining a license, during the grace period. In addition, considering the Defendant’s age, character and behavior, family environment, the circumstances leading up to the crime, and the outcome of the crime, and all of the sentencing conditions indicated in the instant records and arguments, even though considering the fact that the Defendant is supporting the mother, the lower court’s sentence on this part cannot be deemed unfair.
3. In conclusion, the appeal by the defendant against the violation of the Resident Registration Act among the judgment below is with merit. Thus, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal against the remaining part of the defendant is without merit.