beta
(영문) 서울서부지방법원 2020.02.21 2020고정108

예비군법위반

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No member of a reserve force shall, without a justifiable reason, file a report under the Resident Registration Act in order to prevent the delivery of a muster notice for training, cancel the resident registration by filing a false report or make his/her domicile registered differently or register unknown domicile.

Nevertheless, on March 2016, the Defendant, as a member of the reserve forces, was registered as a person of unknown domicile on December 23, 2016 due to the failure to file a report under the Resident Registration Act, even though he had moved his residence in Seodaemun-gu, Seoul, D, and E.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of the offender of the establishment of homeland reserve forces, the abstract of unknown domicile, and the organized homeland reserve forces card;

1. Application of Acts and subordinate statutes to investigation reports, personal search results, current status of entry or departure of each individual;

1. Relevant provisions of the Acts and Articles 15 (2) and 6-2 of the Reserve Forces Act concerning facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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