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(영문) 서울서부지방법원 2017.11.15 2017고단2840
주민등록법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 7, 2017, the Defendant violated the Resident Registration Act: (a) around 04:20 on May 7, 2017, and (b) around 04:402 in Bupyeong-gu Incheon Bupyeong-gu, Incheon, Bupyeong-gu, 402; (c) received reports from related parties D; and (d) received reports from 112; and (b) received a request for confirmation of personal information from E during the process of arresting a flagrant offender by assault from the situation E in which the Bupyeong Police Station belongs to the Incheon Bupyeong-gu, Incheon, Bupyeong-gu, Incheon; and (b) obtained a request for confirmation

2. Notwithstanding the fact that no person may forge another person’s signature for the purpose of exercising the signature signature forgery and the above investigation, the Defendant, as described in paragraph 1, signed a confirmation form after the arrest of a flagrant offender as described in paragraph 1, and forged the F’s signature on the confirmation column and then submitted it to the aforesaid E, thereby exercising the forged private signature.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Investigation report (F counterpart investigation by a witness);

1. Application of Acts and subordinate statutes of written confirmation;

1. Article 37 subparagraph 10 of the relevant Act and Article 37 of the Act on the Registration of Residents of the Selection of Punishment for Criminal Facts (the illegal use of resident registration numbers and the selection of imprisonment), Article 239 (1) (the occupation of the same Article as the signature of the company), Article 239 (2) and Article 239 (1) of the Criminal Act (the occupation of exercising the above-mentioned signature) concerning the crime;

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

1. The nature of the crime is not good by illegally using resident registration numbers and forging signature despite the fact that the crime was revealed in the police investigation process, the defendant reflects his/her mistake and did not have any record of being punished for the same crime. On August 9, 2017, the case was tried together with the case on which one year and eight months have been sentenced to imprisonment by fraud, etc. and was appealed.

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