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(영문) 서울남부지방법원 2020.04.23 2020고단225
주민등록법위반등
Text

A defendant shall be punished by imprisonment for six months.

(2) shall suspend the execution of the above punishment for a period of two years from the date this judgment has become final.

Reasons

Punishment of the crime

[criminal power] On November 20, 2019, the Defendant was sentenced to a suspended sentence of two years for six months by violating the Resident Registration Act at the Seoul Southern District Court on November 20, 2019, and the judgment became final and conclusive on November 28, 2019.

【Criminal Facts】

1. On June 25, 2019, the Defendant violated the Resident Registration Act: (a) around 04:40, the Defendant unlawfully used the resident registration number (H) of G, a relative son, who was requested by the police officer F to obtain personal information from him/her on the ground that he/she assaulted with D, on the ground that he/she assaulted with D, at the “Crain Bank” located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; and (b) on the ground that he/she committed assault with D, the Defendant used the resident registration number of other persons.

2. On June 25, 2019, the Defendant: (a) around 05:00 on June 25, 2019, carried out voluntarily in the E District located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (b) recorded the aforesaid G in the signature column of the voluntary behavior letter presented by the GJ of the Gyeong-gu, the Defendant voluntarily carried out the said assault case; and (c) stated it in the signature column

Accordingly, the Defendant forged another person’s signature for the purpose of exercising the right.

3. The Defendant, at the time and place specified in Paragraph 2, issued to the above J a written intent of voluntary action that forged the signature as stated in Paragraph 2, and exercised it as if it were duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. Voluntary written consent;

1. Reporting on investigation (in cases of changes of suspects);

1. Previous records of judgment: Application of Acts and subordinate statutes to a report on the results of confirmation before disposition, a report on the results of investigation decision system, a list of criminal records, and an investigation report (verification of the fixed date of a case during the period of suspension

1. Relevant Article 37 subparagraph 10 of the Resident Registration Act (the point of illegally using resident registration numbers), Article 239 (1) of the Criminal Act (the point of illegally using resident registration numbers), Article 239 (2) and Article 239 (1) of the Criminal Act (the point of exercise of falsified investigative signature), the selection of imprisonment for each crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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