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(영문) 광주지방법원 2017.09.20 2017노796
주민등록법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) does not constitute a false report in collusion with K, E, F, G, or H from March 19, 2015 to March 24, 2015.

Nevertheless, the court below convicted all of the facts charged of this case. The court below erred by misunderstanding the facts and thereby affecting the conclusion of the judgment.

2. According to the evidence duly admitted and examined by the lower court, including witness G, H, K, and E’s statements at each of the original trials, the fact that the Defendant reported false facts with respect to resident registration in collusion with K, E, F, G, and H from March 19, 2015 to March 24, 2015, as stated in the facts constituting the crime in the lower judgment.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that it is without merit. It is so decided as per Disposition (Article 25 (1) of the Regulation on Criminal Procedure). Since the "1. witness G, H, F, and E's legal statement" in Article 25 (1) of the Regulation on Criminal Procedure is obvious that it is a clerical error of "1. witness G, H, K, and E's legal statement", it is clear that it is a clerical error of "1. witness G, H, K, and E', and Article 37 (3) 2 of the former Resident Registration Act (amended by Act No. 14286, Dec. 2, 2016) is clearly written as a supplementary statement (Article 37 (3) 3-2 of the Civil Procedure Act). Thus, it is clear that the separate statement was omitted as stated in the separate sheet (Article 37 (3).

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