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(영문) 대전지방법원 2020.06.19 2020고단1945

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

On March 2018, the Defendant, as a member of the reserve forces, moved his residence to Daejeon Seo-gu D and 1st floor from Daejeon, Seo-gu, Daejeon.

In such cases, the members of the reserve forces shall file a report on the relocation of their residence with the competent authority.

Nevertheless, on June 21, 2018, the Defendant was unable to deliver a muster notice to the reserve forces without justifiable grounds, and thus, the Defendant was registered as a person of unknown domicile on June 21, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Request for cooperation by a person who has violated the law of the reserve forces (registration of his/her residence unknown) and request for cooperation, list of persons to file an accusation, notification of a crime against the law of the reserve forces, confirmation of the same register, copy of the organization card of the reserve forces, and application of the statutes

1. Article applicable to the facts constituting an offense, Articles 15 (2) and 6-2 of the Reserve Forces Act selecting a punishment, and the choice of imprisonment;

1. The grounds for sentencing under Article 62(1) of the Criminal Act include: (a) the Defendant’s failure to undergo the reserve forces training in 2015; (b) the Defendant was punished by a fine of KRW 3 million in 2017; (c) a fine of KRW 2.5 million in January 25, 2018; and (d) a fine of KRW 500,000 in March 15, 2018; and (b) the Defendant was punished by a fine of KRW 500,000 in March 15, 2018; (c) however, the Defendant recognized and against the mistake, while taking into account the Defendant’s age, character and conduct, and environment, and all of the sentencing conditions indicated in