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(영문) 대구지방법원 서부지원 2015.01.16 2014고정1170

향토예비군설치법위반

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On December 2, 2011, the Defendant was sentenced to nine years of imprisonment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, Injury by Rape, etc.) in Daegu District Court and racing support, and the judgment became final and conclusive on April 20, 2012.

Defendant is a homeland reserve force member.

No member of the homeland reserve forces shall be registered unknown because he/she fails to file a report on the relocation of his/her place of residence under Article 10 of the Resident Registration Act without justifiable grounds.

Nevertheless, the Defendant, around March 201, moved the Defendant’s residence to 201 in Daegu-si, the Gyeongbuk-si, Gyeongbuk-si from Daegu-si, to 201, and failed to report the relocation of his residence to the competent authority, thereby making the Defendant registered his domicile unknown on September 14, 201.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation-Notification of an offense in violation of the Establishment of Homeland Reserve Forces Act, a written request for criminal facts, a written request for registration of unknown domicile, a written confirmation of administrative illness delivery, a written confirmation of unknown domicile, and a reply to the result of confirmation

1. Previous convictions in judgment: Application of Acts and subordinate statutes of one copy of criminal records, investigation report (attached to written judgments, etc.); judgment; inquiry into cases; and investigation report (attached to the date of final judgment);

1. Relevant Articles 15 (2) and 6-2 of the Establishment of homeland reserve forces (Amended by Act No. 12791, Oct. 15, 2014);

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with 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;