CONTENTS
- 1. Client Who Violated the Resident Registration Act
- - Details of the Client's Case
- - The Client's Requests to Avoid Punishment for Violation of the Resident Registration Act
- 2. Penalty Levels for Violation of the Resident Registration Act
- - Forgery of a Private Signature and Use of a Forged Private Signature
- 3. Responding to the Charge of Violation of the Resident Registration Act
- - The Client's Motive for the Offense
- - Whether a Social Danger Was Caused
- 4. Result of the Violation of the Resident Registration Act Case
1. Client Who Violated the Resident Registration Act
This is the story of a client who sought our firm's assistance, stating that he faced the risk of an actual custodial sentence on a charge of violating the Resident Registration Act.
The client was under suspicion of having improperly used his older brother's resident registration number.
The specialist attorney immediately began a consultation with the client, and the details of the case were as follows.
Details of the Client's Case
The client was operating a bar, and on the day of the incident as well, while running his establishment, A, who ran a business across from the client's establishment, suddenly picked a fight with the client and used abusive language.
Angered by this, the client also used abusive language and, enraged for a moment, threw a knife that was nearby onto the floor, and the disturbance grew larger.
The police arrived and arrested the client as a flagrant offender. The client thought that if he were to receive criminal punishment over this matter, his wife might suffer a great shock.
In response, the client momentarily stated his older brother's resident registration number, which he usually remembered, and also signed the relevant documents under his brother's name and handed them to the investigator.
Over this matter, the client was being charged with violation of the Resident Registration Act, forgery of a private signature, and uttering of a forged private signature.
The Client's Requests to Avoid Punishment for Violation of the Resident Registration Act
The client said that their wife was pregnant and in full term, and asked the attorney to defend against an actual custodial sentence so that she would not suffer a shock.
The client also asked whether all documents could be received by our firm so that she would absolutely not learn of the charges.
The specialist attorney granted the client's request, establishing a strategy to defend against an actual custodial sentence and taking measures so that the related documents could be served on our firm.
2. Penalty Levels for Violation of the Resident Registration Act
Conduct constituting a violation of the Resident Registration Act takes various forms. The representative types of conduct that violate the Resident Registration Act, along with the corresponding penalties, are as follows.
Conduct | Penalty |
Wrongful use of another person's resident registration card | Imprisonment for not more than 3 years |
Inspecting another person's resident registration record, | |
Wrongful use of an image file or copy of another person's | |
Inspecting or being issued a move-in household confirmation document | Imprisonment for not more than 1 year |
Forgery of a Private Signature and Use of a Forged Private Signature
The charge of forgery of a private signature refers to the crime of forging another person's seal, signature, or the like with intent to use it.
Uttering a forged private signature is the crime of using another person's forged seal, signature, or the like.
In the case of forgery of a private signature and uttering a forged private signature, the following punishment is imposed.
(2) The same punishment as in the preceding paragraph applies to a person who uses a forged or unlawfully used seal, signature, named seal, or mark of another person.
3. Responding to the Charge of Violation of the Resident Registration Act
The attorney with relevant expertise responded as follows to the client's charges of violation of the Resident Registration Act, forgery of a private signature, and uttering a forged private signature.
The Client's Motive for the Offense
The attorney emphasized that the client's motive for the offense was worthy of consideration.
On the day of the incident, the client was taken to the police station and, while being questioned about his personal details during the investigation, became worried that if his wife, who was about to give birth, learned of this, she would suffer a great shock.
For this reason, on the spur of the moment, he gave his older brother's resident registration number, which he happened to remember.
In other words, the client had by no means planned the offense in advance in order to avoid criminal punishment.
The attorney emphasized that the client had merely made a wrong choice through an impulsive act and that there was no intent behind the offense.
Whether a Social Danger Was Caused
The attorney emphasized that the client's offense did not reach the level of creating a social danger.
It was true that, during the investigation, the client stated the older brother's resident registration number and signed under his name, but the client immediately disclosed and corrected the fact that the client had stated another person's resident registration number and signed under his name.
As a result, the client's violation of the Resident Registration Act did not cause any social danger, such as confusion in the investigation.
The attorney cited this point and requested leniency for the client.
4. Result of the Violation of the Resident Registration Act Case
As a result of the specialized attorney taking on the client's violation of the Resident Registration Act case, the client avoided an actual custodial sentence and received a suspended sentence.
The client not only violated the Resident Registration Act but also forged a private signature and uttered it, so an actual custodial sentence had been anticipated. The client expressed gratitude for the help in being able to protect his daily life.
A charge of violation of the Resident Registration Act carries severe punishment in that it can undermine the national administrative order.
Therefore, as soon as one is suspected, one should seek the assistance of a specialized attorney to prepare a strategy that may allow the sentence to be mitigated.
If you are being charged with a violation of the Resident Registration Act, please make a 🔗legal consultation reservation and respond to your case with a tailored strategy from this firm's specialized attorney.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
