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(영문) 수원지방법원 2017.10.27 2017노3973
무고등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the Defendant’s misunderstanding of facts (Defendant 1 and Prosecutor) as to the violation of the Resident Registration Act among the facts charged in the instant case, the Defendant need to grasp the E’s address in order to apply for the determination of the amount of litigation costs based on the management and the decision of provisional disposition prohibiting interference with traffic, and the public official in charge in the community service center displayed the provisional disposition decision and issued the E’s resident registration abstract.

A public official in charge may not issue an abstract of resident registration only by the written decision of provisional disposition, so it is called a compulsory execution application, and the defendant shall prepare an application for compulsory execution and submit it to the public official in charge, and only he/she is issued an abstract of resident registration after submitting it along with the decision of provisional disposition

In addition, the defendant cannot immediately file an application for determination of the amount of litigation costs due to the preparation of rebuttals against E's criminal complaint, preparation of related civil litigation, etc., and thus, it is not a ground for recognizing the defendant's guilty that the defendant delayed to file an application for determination of the amount of litigation costs.

In addition, the defendant applied for issuance of a certified copy of resident registration in order to verify the request of the investigative agency to cancel the E's address ex officio.

The statement was made in the process of explaining the reasons for the part requested for the abstract of resident registration in order to identify E's possession at the time of request for disclosure of information by fraudulent means, and such statement is not related to this case, so it cannot be the evidence to acknowledge the defendant's conviction.

Therefore, the Defendant is not issued a copy of the E’s resident registration by unlawful means in violation of the Resident Registration Act.

The judgment of the court below that found this part of the facts charged guilty.

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