(영문) 부산지방법원 2009.10.13.선고 2009고단3769 판결

Punishment of a fine of KRW 500,00 shall be imposed on the crimes of Article 1 of the judgment of the defendant, six months of imprisonment, and the crimes of Article 2 of the judgment.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted by 50,000 won into one day.

Reasons

Criminal History Office

On April 6, 2009, the defendant was sentenced to a suspended sentence of four months at the Busan District Court for a violation of the Road Traffic Act, and on April 14, 2009, the above judgment became final and conclusive and is still in the grace period.

1. A perjury;

On May 7, 2008, the Defendant was tried on May 7, 2008 by the Busan District Court 2008 High Court 6820 case, Busan High Court 2008, Busan High Court 2008, 6820.

On February 25, 2009, the Defendant: (a) called his cell phone (X-X-X) at the time of his mobile phone (X-X) and asked Kim C1 to prepare an application for coal to Kim C-1; (b) stated that he would be able to look at the fat without mileage at that time; and (c) he would be able to make fat the fat at that time when Kim C1 entered the middle; and (d) asked the testimony that “I would give my testimony one time because I would give my testimony, I will give my testimony.” On May 8, 2009, the Defendant sent c1 to his cell phone at the entrance of the Busan Seo-gu, Busan, Busan, and caused the above 30-C 10-C 10-C 5-C 10-3 10-C 5-3 10-C 5-3 10-C 5-3 10-C 10-3 10-C 10.

2. Violation of the Resident Registration Act.

At around 02:20 on May 7, 2008, the Defendant illegally used the name and resident registration number of C3 of the Defendant, by notifying the Defendant as if he was his pro-friendly, the name and resident registration number of c3 of her name and her resident registration number, in the case of injury as described in paragraph (1), to be arrested in the act of committing an act of injury as described in paragraph (1), and to notify the Defendant’s personal information.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness Kim C1;

1. Each statement made by the witness C and Kim C1 in a copy of the third and fourth protocol of trial in the cases of Busan District Court 2008 High Court 6820, Busan High Court 200;

1. Partial statement of each prosecutor's protocol of examination of the accused against the accused (including part of the wholeC1's statement);

1. Statement made by each prosecutor of the protocol of examination of suspect against Kim C1 (including the statement made by such prosecutor of the prosecutor's office);

1. Some of the statements of the police interrogation protocol against the accused;

1. Entry of a copy of the police statement with respect to thisC;

1. Descriptions and images of each investigation report (piresponding to 21, 23, 41, 71, 257 of investigation records);

1. Entry of a copy of the arrest letter of a flagrant offender;

1. Previous convictions: References to criminal records and investigation reports (in cases of suspension of execution of sentence, attachment reports of the judgment);

Application of Statutes

1. Article applicable to criminal facts;

Articles 152(1) and 31(1) of the Criminal Act (the occupation of a perjury and the choice of imprisonment), Article 37 Subparag. 9 of the former Resident Registration Act (amended by Act No. 9574 of Apr. 1, 2009) (the occupation of a perjury and the selection of fines)

1. Handling concurrent crimes;

The latter part of Article 37 and Article 39 (1) of the Criminal Act and the violation of the Road Traffic Act shall be mutually between the crimes of violation of the Road Traffic Act and the Resident Registration Act.

1. Detention in a workhouse;

It is so decided as per Disposition for the reasons under Articles 70 and 69(2) of the Criminal Act.