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(영문) 창원지방법원 거창지원 2016.06.08 2016고정38

향토예비군설치법위반

Text

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

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

When the defendant, as a member of the local reserve forces, moved his/her place of residence from Gyeongcheon-gun B to Busan land in early 2012, the defendant was registered as a member of the local reserve forces on July 29, 2014 because he/she failed to report the fact that he/she could not deliver a muster notice for training of the local reserve forces without justifiable grounds, despite having to report his/her place of residence to the competent community service center.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes to a report on investigation (verification of identity of a suspect);

1. Article 15 (2) and Article 6-2 (Selection of Penalty) of the Act on the Establishment of Local Reserve Forces (Amended by Act No. 12791, Oct. 15, 2014) applicable to the crime and Articles 15 (2) and 6-2 (Appointment of Penalty)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;