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(영문) 대구지방법원 서부지원 2019.06.13 2018고정147

예비군법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 7, 2017, the Defendant was sentenced to eight months of imprisonment for violating the National Sports Promotion Act (Gambling, etc.) at the Daegu District Court on September 7, 2017, and the judgment became final and conclusive on February 8, 2018.

The defendant is a member of the reserve forces belonging to the Dong-gu, Sacheon-si, Sacheon-si.

Members of the reserve forces shall not, without justifiable grounds, fail to file a move-in report in order to prevent delivery of a notice of a call-up for training, file a false report and cancel the resident registration or make his/her domicile registered.

On September 24, 2015, the Defendant made a registration of unknown domicile on July 24, 2017 because he/she failed to make a move-in report without justifiable grounds, even though he/she moved his/her place of residence to Sacheon-si B building, C building, and D apartment house E in Gyeongcheon-si, Kimcheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Written accusation, written confirmation of facts constituting an offense, resident registration card (certified copy of a person whose residence is unknown), and reserve forces organization card;

1. Previous convictions: Application of three copies of the judgment and one copy of the list of related cases to the judgment;

1. Relevant Articles 15 (2) and 6-2 of the Reserve Forces Act, the choice of fines for criminal facts, and the choice of fines;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;