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(영문) 대구지방법원 서부지원 2019.05.28 2018고단669

예비군법위반

Text

A defendant shall be punished by imprisonment for not less than two 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

The defendant is the member of the homeland reserve forces belonging to Daegu Seo-gu BJ and other sub-committees.

When a person liable for military service moves his place of residence, he shall make a move-in report to the competent administrative agency within fourteen days.

On October 2017, the Defendant, at the end of the Daegu-gu, moved from Mapo-si, Seo-gu, Daegu-si to D, but did not make a move-in report without justifiable grounds, thereby making the registration of his domicile unknown on December 14, 2017.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to notification of crimes, criminal facts, written request for registration of unknown domicile, resident registration card (person whose residence is unknown), organization chart, organization card, organization card, and notice of call for education and training of reserve forces;

1. Article applicable to the facts constituting an offense, Articles 15 (2) and 6-2 of the Reserve Forces Act, Articles 10 and 20 of the Resident Registration Act, and choice of imprisonment with prison labor;

1. The Defendant, with the reason for sentencing under Article 62(1) of the Criminal Act, has been sentenced to a fine several times due to a violation of the Reserve Forces Act, a violation of the Military Service Act, a violation of the Establishment of Homeland Reserve Forces Act, and a violation of the Establishment of Homeland Reserve Forces Act, but has committed the instant crime, taking full account of all the circumstances, including the circumstances of the crime, the background and degree of the crime, the criminal records (not