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(영문) 춘천지방법원 2020.04.08 2019고단1172

예비군법위반

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

[Criminal Power] On September 26, 2019, the Defendant was sentenced to imprisonment with prison labor for one year and four months at the Chuncheon District Court on September 26, 2019, and the judgment became final and conclusive on October 4, 2019.

【Criminal Facts】

The defendant is a member of the reserve forces.

On December 29, 2018, the Defendant: (a) was unable to deliver a notice of convening a reserve force training call to a non-permanent address in the building B of the building B at the time of Pakistan; (b) on July 29, 2019, the Defendant had his domicile registered ex officio unknown domicile on the resident registration card on July 29, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Notice on crimes against the provisions of the Reserve Forces Act, abstract of resident registration cards and election card;

1. Records before judgment: Application of inquiry reports, such as criminal records, amounts of dispositions, and reporting Acts and subordinate statutes;

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. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant committed the instant crime of evading reserve forces training by making the registration of unknown domicile unknown due to the failure to report the change of domicile without any justifiable reason, even though he/she had the history of each criminal punishment once and twice for the offense of violating the Military Service Act by violating the Establishment of Homeland Reserve Forces Act, and by violating the Reserve Forces Act, the Defendant committed the instant crime of evading reserve forces training.

However, it appears that the defendant is against the will to receive the reserve forces training in the future, and there is no criminal conviction exceeding the fine until the time of the crime in this case, and the equality in the case where the judgment is to be pronounced simultaneously with the crime recorded in the criminal records stated in the judgment in the latter concurrent crimes of Article 37 of the Criminal Act, and other factors of sentencing specified in the trial process of this case, such as the defendant's age, character and conduct, intelligence and environment, family relationship, circumstance at the time of the crime, etc., shall be determined as ordered