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(영문) 서울동부지방법원 2017.04.14 2017고정303

향토예비군설치법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a member of the local reserve force.

1. On September 11, 2012, the Defendant received the second supplementary training (16 hours) in the name of the third commander of the military unit 5531 unit 5531 unit 3 unit 3 unit 3 unit 3 unit 3 unit 55531 unit 3 unit 3 unit 3 unit 3 unit 3 unit 3 unit 3 unit 3 unit 2, which was conducted at the training site for Yangcheon-si, Gyeonggi-do from Sep. 24, 2012 through his father D, and through his father D, from September 25, 2012.

2. Around June 2012, the Defendant moved his residence to Seongdong-gu Seoul Metropolitan Government E in Yangcheon-gu Seoul.

In such cases, the local reserve forces shall report the relocation of their residence to the Dong office under their jurisdiction.

Nevertheless, on October 17, 2012, the Defendant failed to report the change of place of residence in order to prevent the delivery of a notice of convening the training of the local reserve forces without justifiable grounds, and thus, registered as an unknown residence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A certificate of receipt of call-up notice and a certificate of call-up notice;

1. Application of Acts and subordinate statutes to the organization card of the reserve forces (a certified copy of the resident registration card);

1. Article 15 (9) 1 and Article 6 (1) of the Act on the Establishment of Local Reserve Forces (amended by Act No. 12791, Oct. 15, 2014; hereinafter the same shall apply), Articles 15 (2) and 6-2 of the former Act on the Establishment of Local Reserve Forces (amended by Act No. 12791, Oct. 15, 201; hereinafter the same shall apply), Articles 15 (2) and 6-2 of the former Act on the Establishment of Local Reserve Forces, the selection of fines for each crime

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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