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(영문) 의정부지방법원 2019.02.14 2018고정1264

예비군법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a person organized as a member of the reserve forces under B.

On March 6, 2018, the Defendant was unable to deliver a notice of call-up for the first supplementary training conducted on April 21, 2018, on the ground that the domicile of the Defendant was registered ex officio unknown domicile on April 6, 2018, even though the Defendant moved to Seo-gu apartment E in Incheon, Seo-gu, Incheon, Seo-gu, Seo-gu, Incheon, the Defendant did not move to move to the competent Dong within 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation, a statement of facts constituting an offense, and an abstract of resident registration;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of the reasoning for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, there are some circumstances that may be taken into account the circumstances leading to the crime of this case, such as the fact that the defendant commits the crime of this case while recognizing the criminal facts of this case, the defendant reflects his mistake, and the failure to establish his place of residence due to failure to do so, and the fact that there is no special criminal record except for the crime of assault and bodily injury which was punished once in around 2016.

However, the crime of this case, which prevents the Defendant from delivering a call-up notice to the reserve forces on the ground that the Defendant did not file a move-in report under the Resident Registration Act ex officio due to his/her failure to file a move-in report under the said Act, is not less than the nature of the crime in light of the content and method of the crime, etc., and seems not to have filed a move-in report under the Resident Registration Act until now. The general sentencing in the same or similar case is in balance with the ordinary sentencing, and the Defendant’s age, character, conduct, intelligence and environment, motive, circumstance, means and consequence of the crime of this case, after the crime, criminal records, family relations,