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(영문) 서울북부지방법원 2013.03.11 2013고정347

향토예비군설치법위반등

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On September 10, 2010, the Defendant, as a member of the homeland reserve forces, moved from Nowon-gu in Seoul Special Metropolitan City to C around September 10, 2010.

In such cases, the homeland reserve forces should have reported the relocation of their place of residence to the head of the competent Si/Gun/Gu, but the defendant was registered unknown domicile on April 6, 201 because he/she failed to report the relocation of his/her place of residence without any justifiable reason so that he/she could not deliver the notice of call for training

The Defendant was liable for military service, and on September 10, 2010, the Defendant did not file a move-in report within 14 days without justifiable grounds, even though he moved from Nowon-gu in Seoul Special Metropolitan City to C at Guri-si around September 10, 2010.

Summary of Evidence

1. Defendant's legal statement;

1. Each accusation;

1. A copy of the confirmation whether a person liable for military service resides;

1. Application of the Acts and subordinate statutes on the resident registration card (certified copy thereof) and homeland reserve forces formation card;

1. Relevant legal provisions concerning facts constituting an offense, Articles 15 (2) and 6-2 of the Establishment of homeland reserve forces to select punishment, Article 10 of the Resident Registration Act (where a person is unable to file a move-in report and his/her domicile is registered), Articles 84 (2) and 69 (1) of the Military Service Act, and the selection of fines;

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

1. Articles 70 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;