향토예비군설치법위반
The judgment of the court below is reversed.
The defendant shall be innocent.
1. The summary of the grounds for appeal (misunderstanding of legal principles) is that the instant crime is charged from the time when the residence of the Defendant was unknown and the statute of limitations has not yet expired.
Nevertheless, the judgment of the court below which rendered a judgment of acquittal on the ground of the completion of the prescription period counting from the 14th anniversary of the moving-in report after moving the place of residence.
2. Determination
A. The summary of the facts charged is that the defendant is a member of the local reserve forces, and his residence is moved.
8. The report on the change of residence shall be made in the Eup/Myeon office; and
Nevertheless, on May 27, 2010, the Defendant, without good cause, was registered as the resident registration of October 19, 2010, because the Defendant failed to submit a notice of convening a training force for the second supplementary education local reserve forces in Jindo-gun, despite having moved his/her place of residence from Jindo-gun B to the Buddhist branch, so that he/she could not deliver the second supplementary education local reserve forces training call notice.
B. The court below held that Article 15 (2) of the Act on the Establishment of Local Reserve Forces provides that "any person who fails to submit a muster notice under Article 6-2 of the same Act without justifiable grounds or makes a false report under Article 10 of the Resident Registration Act so that he/she can not deliver a muster notice under Article 6-2 of the same Act, and thereby makes his/her resident registration cancelled or his/her residence unknown is registered pursuant to Article 8 or 20 of the same Act shall be punished by imprisonment for not more than three years or by a fine not exceeding 30 million won." Thus, an act of crime under the above provision is "an act of not making a move-in report under the Resident Registration Act (within 14 days after his/her place of residence)" and thereby the act of crime is terminated by failing to
The cancellation of resident registration or unknown residence under the above provision is not part of the defendant's act of committing an offense, but it is a result that the competent authority conducts not only the act of committing an offense but also the fulfillment of the punishment conditions prescribed by the above penal provision. Such interpretation is not required.