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(영문) 대구지방법원 2019.07.25 2019고단2948

예비군법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a member of the DB Winter Reserve Forces.

The members of the reserve forces shall not, without justifiable grounds, fail to file a report under the Resident Registration Act in order to prevent the delivery of a muster notice, or make the resident registration number cancelled differently from the fact or make the domicile registration cancelled.

Nevertheless, on July 19, 2018, the Defendant was registered as the domicile unknown on February 19, 2019 due to the Defendant’s failure to make a move-in report within 14 days without justifiable grounds, even though he/she moved his/her place of residence from the Daegu-gu dong-gu DC to the unknown area DD or lower at port.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant Articles 15 (2) and 6-2 of the Reserve Forces Act concerning criminal facts;

1. The grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act are as follows: (a) the sentencing conditions indicated in the records of the instant case, including the following circumstances and the Defendant’s age, character and conduct, family relation, family relationship, home environment, motive and means of the commission of the crime, and the circumstances after the commission of the crime, shall be equally taken into account.

The favorable circumstances: The circumstances in which the facts of the crime are recognized and the mistakes are divided: there are the same kind of force.