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(영문) 서울동부지방법원 2019.07.10 2018고단3572

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

The defendant is a member of the reserve forces belonging to two or more gender units.

1. At around 13:50 on April 9, 2018, the Defendant received a notice of a call-up in the name of the 17th unit commander of the Army 6019 unit, which was conducted at the training site of the Gangwon-dong Reserve Forces located in the Gangdong-gu Seoul Metropolitan Government on May 2, 2018 at the Defendant’s dwelling located in the Gangdong-gu Seoul Metropolitan Government building B building C, and did not undergo training without justifiable grounds.

2. On May 2018, the Defendant moved his/her residence from the Defendant’s residence indicated in the first port prior to the beginning to the temporary domicile.

In such cases, the reserve forces shall report the change of residence to the head of the competent Si/Gun/Gu within 14 days.

Nevertheless, on June 19, 2018, the Defendant was unable to deliver a notice of call for the reserve forces training without justifiable grounds, and thus, the Defendant failed to report his/her residence move without justifiable grounds, thereby making his/her resident registration unknown.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to notification of crimes against the law of each reserve force, receipt of a notice of a training call, organization card of reserve forces, and resident registration;

1. Relevant Articles 15 (9) 1, 6 (1) (a) of the Reserve Forces Act (a failure to undergo training without justifiable grounds), 15 (2), and 6-2 of the Reserve Forces Act (a failure to undergo training) concerning facts constituting an offense, and the choice of imprisonment with prison labor, respectively;

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

1. The sentence shall be determined as shown in the Disposition, comprehensively taking into account the facts that the defendant for the reason of sentencing under Article 62 (1) of the Criminal Act has been sentenced to four times a fine due to a violation of the Military Service Act or a violation of the Reserve Forces Act, the fact that the defendant has past records of the punishment for two times a crime of another type, and all the circumstances that form the conditions