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The defendant shall be innocent.
Reasons
1. No person charged of the instant case may report or apply a false fact with respect to a resident registration or resident registration certificate;
On April 17, 2014, the Defendant filed a false report with the head of the Myeon Office, who had no intention to continue to reside in the “Gang Changwon-gun D”, and filed a false report with the head of the Myeon Office, stating the transfer to the address without the intention to continue to reside in the “Gangwon-gun D”.
2. Determination
A. Article 6(1) of the Resident Registration Act provides that the head of a Si/Gun/Gu shall register a person who has an address or domicile (hereinafter referred to as “resident”) within his/her jurisdiction (hereinafter referred to as “resident”) pursuant to the provisions of this Act for the purpose of residing for not less than 30 days, and Article 10(1)10 of the same Act provides that where a resident moves his/her residence, the head of a Si/Gun/Gu shall report his/her address or former location and date of the move.
Therefore, in order to constitute “a person who has filed a false report on resident registration” under Article 37 subparag. 3-2 of the same Act, when a move-in report is filed to move his/her residence, whether a person has made a move-in report to his/her domicile or domicile without the intention of continuous residence for at least 30 days should be determined in the pertinent jurisdiction.
In addition, the conviction in a single criminal trial ought to be based on evidence with probative value, which could lead a judge to have a correct doubt that the facts charged are true, and if there is no such proof, even if there is no doubt of guilt against the defendant (see, e.g., Supreme Court Decision 2006Do735, Apr. 27, 2006). (b) The defendant had been living in the investigation agency from Apr. 17, 2014 to the instant domicile, which is a pentle, and resided in the same area as E, after completing the move-in report from the investigation agency to the instant domicile, which is a pen, around April 17, 2014.