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(영문) 수원지방법원 안산지원 2014.08.13 2014고정485

향토예비군설치법위반

Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

On May 2, 2013, the Defendant was sentenced to imprisonment with prison labor for larceny at the Seoul Western District Court on May 2, 2013, and the said judgment became final and conclusive on May 30, 2013.

On April 2012, the defendant, as a member of the homeland reserve forces, moved the place of residence from Yancheon-gu, Sinpo-si, Sinpo-si to Yanpo-si, Sinpo-si.

In such cases, the homeland reserve forces shall report the relocation of their residence to the competent Dong office within 14 days from the date of their transfer.

Nevertheless, on November 2, 2012, the Defendant failed to report the change of place of residence in order to prevent issuance of the notice of call-up for training of homeland reserve forces without justifiable grounds, and thereby cancelled the resident registration ex officio.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A written accusation;

1. A written request for registration of unknown residence or a certified copy of resident registration card (diswritten copy);

1. Application of written judgments (Seoul Western District Court Decision 2013No753) Acts and subordinate statutes;

1. Relevant legal provisions and Articles 15 (2) and 6-2 of the Establishment of homeland reserve forces to choose a punishment on criminal facts, and the selection of fines;

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

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.