2019 Highest 43666 Violation of the Resident Registration Act, the use of a false signature, and the use of a false signature

○○ Kim (76-years, Females)

Park ○-○ (prosecutions) and ○○○ (Public Trial)

November 20, 2019

A defendant shall be punished by imprisonment for not less than six months.

except that the execution of the above sentence shall be suspended for two years from the date this judgment became final and conclusive.

Criminal facts

1. Violation of the Resident Registration Act;

On July 11, 2019: around 55: the Defendant refused to pay the taxi required on the roads of “A” located in Guro-gu Seoul Metropolitan Government Ma, and was arrested as a flagrant offender under suspicion of interference with business by avoiding disturbance, and on the same day: From around 50, the Defendant’s status from the slope 00 belonging to the Criminal Police Station of Seoul ○○○ and the Criminal Party at around 50.

While the person did not possess his/her identification card, he/she illegally used the other person's resident registration number as his/her resident registration number, which was a kind of son Kim Jong-su, who was in the general meeting of ordinary people, because he/she did not carry his/her identification card.

2. Forgery of private signature;

On July 11, 2019: 07: 24 to 08:31 on the same day, the Defendant was investigated by a judicial police officer, such as a criminal4 team slope 00, in the Seoul ○ Police Station and the criminal court room, as he/she was aware of the fact that he/she was able to do so, and entered him/her in the column of the statement statement of the suspect interrogation prepared and presented by the above 00, and then read him/her as her to her.

Accordingly, the Defendant forged another person’s signature for the purpose of exercising the right.

3. Exercising the above investigation signature;

The Defendant issued to the above 00, who was aware of the forgery at the same time and place as mentioned in paragraph (2), a forged suspect interrogation protocol, as described in paragraph (2), as if it were duly formed, and exercised it.

Summary of Evidence

Omission

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 37 Subparag. 10 of the Resident Registration Act (Unlawful Use of Resident Registration Number, Election of Imprisonment, Election of Imprisonment), Article 239(1) of the Criminal Act (the use of private signature), Article 239(2) and (1) of the Criminal Act (the use of private signature)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following extenuating Conditions among the Reasons for Sentencing)

The crime of this case for the reason of sentencing is inevitable in light of the fact that the defendant provided the personal information of his birth to an investigative agency to conceal his personal history, and that it is not good to form a crime, and that the defendant has already been punished for the same crime, etc. However, it is more favorable to the fact that the defendant has already been punished for the same crime. Considering the fact that the defendant's mistake is recognized and again again does not repeat the crime, that the Dong that is the victim of the forgery of private signature is the defendant's wife, the punishment shall be determined as ordered by the order, comprehensively taking into account various factors such as the defendant's age, character and behavior, family situation, economic situation, motive and circumstance of the crime of this case, circumstances after the crime, etc.

Judges Lee Dong-young