2019Gohap2206 Violation of the Resident Registration Act

A

Kim U.S. (Public Prosecution) and Lee Jin-hun (Public trial)

January 31, 2020

Defendant shall be punished by a fine of KRW 800,000.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal facts

On May 29, 2019, the Defendant was sentenced to imprisonment with prison labor for an injury, etc. at the Incheon District Court, which became final and conclusive on December 20, 2019.

No one shall unlawfully use another person's resident registration number. Nevertheless, around September 8, 2018, the defendant was on board a fishing vessel of B Coastal Coastal Maritime Vessel C (9.77 tons) in Incheon Cheongjin-gun, Incheon, and the defendant came to know that he was the defendant's resident registration number without the consent of the above E, and notified him of the name and resident registration number (F) of "E" that he was a pro-friendly person who was not living with the defendant who was out of the ship and was registered on the register of port of entry and departure without the consent of the above E as the defendant's resident registration number.

Accordingly, the Defendant unlawfully used E’s resident registration number from September 8, 2018 to March 17, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G, 1) H and E;

1. A report on internal investigation (verification of details on board a ship);

1. A seafarer's report on boarding;

1. Family relation certificate, certified copy, abridged copy or abridged copy of resident registration, or removed copy;

1. Previous records: Each Supreme Court case and each judgment;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

The main sentence of Article 37 subparag. 10 of the Resident Registration Act (generally, selection of fines)

1. Handling concurrent crimes;

The latter part of Article 37 and Article 39(1) of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

The crime of this case is committed in an unlawful way by the defendant's resident registration number, who is a non-living relative, and the defendant committed the crime of this case in order to escape criminal punishment against himself. In light of the motive, circumstance, etc., the defendant's liability is not weak.

On the other hand, the defendant shows the attitude of recognizing and opposing the crime of this case. The crime of this case is committed at the same time in relation to the crime of injury, etc. which became final and conclusive in the judgment, and the relation of concurrent crimes under the latter part of Article 37 of the Criminal Act. The defendant-friendly E does not want punishment against the defendant. In addition, the defendant-friendly E does not want to be punished against the defendant. The defendant's age, character, conduct, and environment, the relation to the victim, the motive, means, results of the crime, the circumstances after the crime, etc., and all the kinds

Judges Kim Young-young

1) A public official of the maritime police station who served in a police box and arrested the Defendant through the captain D.