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(영문) 서울중앙지방법원 2019.07.04 2018노3077
주민등록법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the grounds for appeal (the factual error or misapprehension of the legal principle) and the evidence submitted by the prosecutor, it is recognized that the defendant reported false facts as stated in the following facts charged.

2. Determination

(a) No person charged may report or apply any false fact with respect to the resident registration or resident registration certificate;

On April 17, 2014, the Defendant filed a move-in report with the head of the Myeon Office, stating the moving-in report as the moving-in address, even though he did not intend to continue to reside in “Gang Changwon-gun D”, and filed a false report with the head of the Myeon Office.

B. The lower court’s judgment: (a) explained the specific facts and circumstances in the part on “2. Judgment” of the lower judgment; and (b) in light of this, the evidence submitted by the prosecutor was not sufficient to support that the Defendant did not reside in the “Gangwon-gun D” for 30 days

The Defendant was acquitted on the ground that the fact that he/she did not intend to continue to reside from the time of the move-in report was insufficient to be deemed to have been proven without reasonable doubt, and that there was no other evidence to prove the fact of the crime, and that there was no evidence to prove otherwise.

C. Examining the evidence duly adopted and examined by the court below (the prosecutor applied for or did not submit additional evidence in the trial) and records, the court below’s aforementioned facts and circumstances recognition and judgment based thereon are justified. Thus, the prosecutor’s above assertion is without merit.

3. The appeal by the prosecutor of the conclusion is dismissed on the ground of appeal.

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