208Do4237 Violation of the Resident Registration Act

I, E

74 L 70 JX EL

Seoul basic domicile

Defendant

Seoul Central District Court Decision 2008No472 Decided April 25, 2008

July 24, 2008

The appeal is dismissed.

In the application of the law of the court of first instance, the pertinent Article of the Act and the Resident Registration Act (amended by Act No. 8422 of May 11, 2007) shall be corrected to the former Resident Registration Act (amended by Act No. 8422 of May 11, 2007).

We examine the grounds of appeal.

The defendant, when filing an appeal against the judgment of the court of first instance, has failed to submit only an unfair sentencing as a ground for appeal. In such a case, the defendant may not file an appeal on the grounds of violation of the Constitution or misapprehension of legal principles as alleged in the judgment of the court below, against which all the defendant and the prosecutor dismissed an appeal.

Meanwhile, according to the records, it is clear that the court of first instance omitted the legal indication of the Resident Registration Act by mistake while explaining the applicable laws and regulations in the judgment of the court of first instance. Thus, it is decided to revise it ex officio in accordance with Article 25 of the Rules on Criminal Procedure. However, the ground of appeal that the court below erred in the misapprehension of legal principles as to the changes

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Poe-young

Justices Yang Sung-tae

Justices Park Jong-hwan

Justices Kim Gi-hwan