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(영문) 부산지방법원 동부지원 2019.02.20 2018고정804

예비군법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant was organized as a member of the reserve forces belonging to B as of August 5, 2011.

No member of the reserve forces may, without justifiable grounds, fail to file a report under Article 10 of the Resident Registration Act or make his/her resident registration cancelled differently from the fact or make his/her domicile registered because he/she is unable to deliver a muster notice.

Nevertheless, the Defendant made a false move-in report as of April 16, 2012 to the building C and D in Ulsan-gun, Ulsan-gun as of April 16, 2012 without filing a report under the Resident Registration Act to prevent delivery of the call-in notice, and made the move-in report to the effect that the domicile is registered as of July 5, 2017.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of the Acts and subordinate statutes to a criminal investigation report (in cases of submission of an extract of a suspect);

1. Article 15 (2) of the Act on the Punishment of Criminal Crimes, Articles 15 (2) of the Reserve Forces Selection Act, and Selection of fines;

1. Penalty fine of 500,000 won to be suspended of sentence;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59 (1) of the Criminal Act (including the fact that a suspended sentence is to not repeat a crime, the first crime, the circumstances of the crime, etc.);