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(영문) 수원지방법원 2013.06.13 2013노1582
주민등록법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

【Judgment on Grounds for Appeal】

1. The decision of the court below against the defendant in light of the summary of the grounds for appeal is unreasonable because the punishment of the court below (two months of imprisonment with prison labor for a maximum term and four months) is too unreasonable

2. In light of the fact that the Defendant had been under a disposition of juvenile protective disposition or suspension of indictment for several times, and the Defendant committed each of the crimes of this case on the following day after he was sentenced to the suspension of the execution of imprisonment due to fraud, etc., and that the Defendant was committed as if he was G to the staff of the siren company, not only committed as if he was G, but also argued that he was G to the police officer, it is necessary to punish the Defendant.

However, the defendant has no record of having been sentenced to punishment as a juvenile under the Juvenile Act, and each of the crimes of this case is committed in the course of the defendant's attempt to show his resident registration certificate to the staff of the siren company who wants to drive a car and arresting him to the base of the staff of the siren company who is suspected of this, and thus, there is no result of grave infringement of legal interests. The defendant shows an attitude against the defendant, such as the defendant's being detained for each of the crimes of this case and preparing for the examination and notification. In addition, considering the various circumstances, considering the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the defendant's punishment against the defendant is unreasonable, and the defendant's assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

[Reasons for the decision of the court] The criminal facts against the defendant recognized by the court and the summary of the evidence are the same as that of each corresponding column of the judgment of the court below.

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