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(영문) 창원지방법원 2020.11.11 2020고단515

예비군법위반

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a member of the reserve forces belonging to the 119 joint and several units of three reserve forces.

The members of the reserve forces shall not make a report of resident registration impossible to deliver a muster notice so that his/her domicile is registered because he/she fails to file such report without justifiable grounds.

Nevertheless, even though the defendant moved his residence from the building C of Kimhae-si to the non-permanent area D in Busan Metropolitan City, the defendant failed to file a resident registration report with the competent authority on September 30, 2019 without any justifiable reason, so his domicile is registered as unknown.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to notification of crimes in violation of the Reserve Forces Act, and a written reason for non-issuance of a notice;

1. Relevant provisions of the Acts concerning facts constituting an offense and Articles 15 (2) and 6-2 of the Selection of Reserve Forces Act;

1. The sentence shall be determined as per the disposition, in consideration of the fact that the same crime as the reason for sentencing under Article 62 (1) of the Criminal Act is repeated;