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(영문) 의정부지방법원 고양지원 2019.09.19 2019고단1748
주민등록법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On August 16, 2019, the Defendant was sentenced to a suspended sentence of two years for the crime of interference with business at the Seoul Southern District Court on June 201, and the said judgment became final and conclusive on August 24, 2019.

【Criminal Facts】

1. On March 24, 2018, the Defendant violated the Resident Registration Act: (a) was arrested as a flagrant offender in the crime of assault by taking into consideration when he was a taxi engineer, and was arrested as a flagrant offender in the crime of assault while he was working for the taxi at the Goyang-gu Seoul Metropolitan City B with the taxi fee, which was a taxi engineer, and (b) was unlawfully used the registration number of the other person in a manner that said person’s resident registration number was completed in order to conceal the fact that he/she was requested to obtain personal information from the police officer E belonging to the Gyeonggi High Police Station D District District, and the designated number

2. At around 00:20 on March 25, 2018, the Defendant was investigated by the police officer, who was in charge of the crime of assault at the Gyeonggi-gu Gyeonggi Police Station and the G Team’s office located in Gyeyang-gu, Seoyang-gu, G Team’s office, and then entered the suspect’s interrogation in the column of the statement of the suspect interrogation protocol, and signed it in the name of the police officer who was aware of the fact, and submitted it to the above police officer, thereby forging the F’s private signature, and exercising the forged private signature.

Summary of Evidence

1. Defendant's legal statement;

1. The police interrogation protocol of the Defendant (including the F’s signature)

1. C’s statement;

1. Results of the investigation report (misappropriation of suspect's personal information) and fingerprinting in the automatic fingerprint search system;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Article 37 subparagraph 10 of the Resident Registration Act regarding facts constituting an offense, Article 37 of the relevant Act and the Selection of Punishment (the illegal use of resident registration numbers, the choice of imprisonment), Article 239 (1) of the Criminal Act (the occupation of private signature) and Article 239 (2) and (1) of the Criminal Act (the occupation of exercising private signature);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

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