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(영문) 서울서부지방법원 2020.11.25 2019고단3333

예비군법위반

Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant of Seodaemun-gu Seoul High Court Decision 2019No333 is a member of the reserve forces belonging to the 2 East-gu Seoul High Court.

On February 21, 2019, the Defendant did not undergo the training of the reserve forces without justifiable grounds, even though the notice of call was delivered by facsimile to the second supplement of the same training conducted at the training site for the YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY 203 March 8, 2019.

No person of the 2019 Highest 3799 shall, without justifiable grounds, file a report under the Resident Registration Act to prevent a delivery of a notice of convening an education and training of members of a reserve force, file a false report, and make the resident registration be cancelled or the domicile is registered.

The Defendant, as a member of the reserve forces on May 21, 2019, transferred his/her residence to Seocho-gu Seoul Metropolitan Government D Branch E, from May 21, 2019, the Defendant was registered of unknown domicile ex officio on August 21, 2019 because he/she failed to submit a notice of convening the education and training of the members of reserve forces within 14 days so that he/she cannot deliver the notice of convening the education

Summary of Evidence

"2019 Highest 333"

1. Application of Acts and subordinate statutes to an abstract of resident registration cards of the defendant's statutory statement in 2019 Highest 3799, to the receipt of the notice of call;

1. Articles 15 (9) 1, 6 (1) of the Reserve Forces Act and Article 15 (2) of the Reserve Forces Act concerning facts constituting an offense (the choice of imprisonment with prison labor that has not been trained members of the reserve forces);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for the sentencing of Article 62(1) of the Criminal Act (negative) is recognized and reflected in the suspended sentence.

In the future, there is an attitude to participate in the reserve forces training.

[Unjustifiable circumstances] Five times the punishment of a fine is imposed for the same crime.