Violation of the Resident Registration Act | Client Facing Punishment for Violation of the Resident Registration Act; Custodial Sentence Defended Through a Suspended Sentence

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 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.

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.

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.

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.