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(영문) 서울남부지방법원 2015.10.07 2015고단2796
주민등록법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On June 29, 2014, the Defendant violated the Resident Registration Act, around 21:00, operated a B-wheeled vehicle in the Han River Park in Yeongdeungpo-do, Yeongdeungpo-gu, Seoul Metropolitan City, in which the passage of the B-wheeled vehicle is prohibited, and as a result, the violation of the Road Traffic Act was prevented, and the Defendant illegally used another person’s resident registration number by informing the police officer of the traffic safety department of Seoul Yeongdeungpo-gu, Seoul, Police Station for the purpose of hiding the fact that he/she was the trainee C of the registration number.

2. In order to prepare a penalty payment notice, the Defendant: (a) entered the aforementioned D personal information, details of the offense, etc. in the PDA connected to the Transport Police Computer Network, which was connected to the FDA, in order to prepare a penalty payment notice at the same time and place as that of the preceding paragraph; and (b) made a digital signature as “D” to present the Defendant to enter the offender’s signature column.

Accordingly, the defendant has forged D's private signature without authority for the purpose of exercising his authority.

3. The Defendant, at the same time and place as the above Paragraph (1) above, issued a false signature to the Gyeong, a police officer in charge of crackdowning the forgery, as if it were duly formed, and exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. Control note, Stickers, license ledger, and carving;

1. Application of Acts and subordinate statutes to report on investigation (receiving and ascertaining a case);

1. Article 37 Subparag. 10 of the Resident Registration Act (the illegal use of resident registration numbers and 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 concerning facts constituting an offense;

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 (The following circumstances among the reasons for sentencing shall be considered):

1. The sentencing of Article 62-2 of the Social Service Order Act has a number of criminal records in addition to the punishment of a fine for the same crime, and the execution of a fine shall be avoided.

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