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(영문) 의정부지방법원 2018.11.15 2018고단1708

예비군법위반등

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

1. A person who violates the Military Service Act shall file a move-in report with the head of a Si/Gun/Gu having jurisdiction over the new place of residence within 14 days;

Notwithstanding the fact that the Defendant moved to the PC room, etc. in Yangju-si B, 101 Dong 310 on December 2, 2016, the Defendant did not make a move-in report to the competent authority having jurisdiction over the new place of residence within 14 days without justifiable grounds.

2. Members of the reserve forces who violate the Act shall make a report pursuant to Article 10 of the Resident Registration Act except in extenuating circumstances so that they may deliver a notice of call for the reserve forces training.

Notwithstanding the fact that the Defendant moved his residence to the Yangju-si B, 101 Dong 310 on December 2, 2016, the Defendant did not report the move of his residence to the competent authority under Article 10 subparag. 10 of the Resident Registration Act without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to each written accusation or confirmation of unknown residence;

1. Relevant provisions of the Act on criminal facts, Articles 84 (2), 69 (1) (the violation of the Military Service Act, the selection of fines) of the Military Service Act, Articles 15 (2) and 6-2 of the Act on the Reserve Forces Act (the violation of preliminary military law, and the selection of fines);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the aggregate of the amounts of two crimes) shall be aggravated for concurrent crimes;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: Fines of 50,000 to 32 million won; and

2. Determination of sentence: The same sentence as the order shall be determined by comprehensively taking into account the conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after a crime, under the conditions below a fine of KRW 500,00.

The circumstances that are more favorable: The confession of the crime of this case and the fact that there is no record of other crime except once a fine.