2016Nopoly 2105 Violation of the Resident Registration Act, fabrication of private documents, and display of private documents;

Performance of Official Duties

Franchis ① (79 years old, remaining)

Residentialization City

Standard place of registration

Kim Purification (Filing Prosecutions) and Dairy (Public Trial)

Attorney in charge of Law Firm

July 13, 2016

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

Criminal facts

On September 4, 2014, the Defendant is sentenced to a suspended sentence of two years for embezzlement at the Suwon District Court on August 4, 201, and is currently under the suspended sentence.

1. Violation of the Resident Registration Act;

On April 21, 2016: around 15, the Defendant entered a sexual traffic business establishment located in the eternal city to pay 120,000 won, and received the horses from the fluent female prior to engaging in sexual traffic.

At around 21:50 on the same day, the Defendant, who was in charge of arranging sexual traffic, was required to present identification cards to confirm the status of the police officer Cho Jae-ro, who was in charge of arranging sexual traffic, as he was KimB, provided the name and resident registration number (******** *******) of KimB as he was KimB and used the other person's resident registration number unlawfully.

2. Forgery of private documents and the uttering of private documents;

A. At around 22:00 on April 21, 2016, the Defendant without authority for the purpose of exercising the same place as above Paragraph 1, and without authority, stated ' KimB' in the name column of the written statement, 'G KimB' in the resident registration number column, 'W' in his resident registration number, 'W' has come to a day-time driver, and 'W' has come to a day-time driver, 'W'. And 120,000 won was decided by friend and friend was the condition that friend will be friended with women, and friend was the condition that friend will be friended with women. On April 21, 2016, the Defendant entered friend in his or her name in his or her name, and forged a copy of this document, which is a certificate of fact under the name of KimB in his or her name.

B. The Defendant, at the same time and place as above, submitted the above forged statement to police officers who may know of the circumstances to police officers as if they were duly formed.

3. Performance of official duties;

The Defendant was aware of the misappropriation of the personal information of the KimB at the time, time, place, and KimB as referred to in the above Paragraph 2, and committed assault, such as assaulting the victim’s chests, and making the victim’s chests together on the table, and cutting over the victim’s chests, thereby obstructing the police officer’s legitimate execution of duties regarding the control and the investigation of the instant case.

Application of Statutes

1. Relevant Articles of criminal facts;

Article 37 Subparag. 10 of the Resident Registration Act (Unlawful Use of another’s Resident Registration Number), Article 231, Article 234 of the Criminal Act (Forgery and Uttering of Private Document), Article 136(1) of the Criminal Act (Obstruction of Performance of Official Duties), and Selection of Imprisonment, respectively.

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, Article 50, and the proviso of Article 42 of the Criminal Act

[3] The defendant and his defense counsel denied the crime of obstruction of performance of official duties by asserting that the defendant and his defense counsel did not commit the crime of obstruction of performance of official duties in such a manner that the defendant and his defense counsel did not assault the defendant's chest as a police officer's chest. However, in full view of the above evidence duly examined and adopted by this court, it is sufficient to acknowledge the crime of obstruction of performance of official duties of this case against the defendant, and therefore, the defendant's above assertion is rejected.

Reasons for sentencing

1. Crimes (private documents)

[Scope of Recommendation Form]

Type 1 (Forgery, Alteration, etc. of Private Documents) Basic Area (Fe.g., 6 months to 2 years)

【Special Convicted Persons】

None

Article 2 (Obstruction of Performance of Official Duties)

[Scope of Recommendation Form]

Category 1 of the obstruction of Performance of Official Duties (Obstruction of Performance of Official Duties / Compelling of Duties) Basic Area (from June to April)

【Special Convicted Persons】

None

* The scope of final sentence due to the aggravation of multiple offenses: 6 months to 2 years;

【Determination of Sentence】

When a document in the name of another person is forged and falsified and the fact of the crime is hidden by presenting another person's resident registration certificate, whether a police officer has panty to the police officer.

The sentence shall be imposed in consideration of all the grounds for sentencing, including the fact that the crime of this case is bad in the nature of the crime that interferes with the performance of official duties by committing assaulting the chest of a police officer who must escape from the riot, and that the crime of this case was committed during the suspension period of execution due to embezzlement, which was sentenced to imprisonment with prison labor, and the crime of this case during the suspension period.

Judges Go Il-il