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(영문) 수원지방법원 안산지원 2019.03.28 2019고단161

예비군법위반

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is a member of a reserve force.

Members of the reserve forces shall not, without justifiable grounds, submit a report under Article 10 of the Resident Registration Act in order to prevent the delivery of a muster notice, nor make a false report.

On September 18, 2018, the Defendant had his domicile registered as his domicile unknown as of October 18, 2018 because the Defendant failed to report the relocation of his domicile, even though he moved his domicile to his unknown residence B or C in a broad name, which is his residence.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of request for crimes by persons who violate the Act of the Reserve Forces, notification of criminal facts, organization cards, and application of statutes of the residents' association;

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. Article 62 (1) of the Criminal Act;

1. The fact that the defendant's reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act are against the defendant's wrong recognition, the defendant has five criminal records of identical fines due to the violation of the Reserve Forces Act, the violation of the Military Service Act, the violation of the Establishment of Homeland Reserve Forces Act, etc., and the defendant's age, occupation, character and behavior, environment, motive, means and result of the crime, etc., and the punishment as ordered shall be determined by taking into account