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(영문) 대구지방법원 2020.01.15 2019고정812
예비군법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The accused shall be the members of a reserve force belonging to the 3 reserve forces in mountain, and the members of a reserve force shall, if their addresses are transferred, file a report on the relocation of their residence with the competent Dong office

On February 2, 2019, the Defendant moved his residence from Daegu Northern-gu B to an unsound residence.

In such cases, the members of the reserve forces shall file a report on relocation to the competent resident service center.

Nevertheless, on May 14, 2019, the Defendant was registered as a person of unknown domicile on the ground that he/she failed to report his/her residence move in order to prevent issuance of a notice of convening a reserve force without justifiable grounds.

Summary of Evidence

1. A written request for registration of unknown domicile or a certified copy of unknown domicile;

1. Notice of call-up for education and training of reserve forces, and application of Acts and subordinate statutes;

1. Relevant Articles 15 (2) and 6-2 of the Reserve Forces Act, Articles 10 and 20 of the Resident Registration Act concerning facts constituting an offense;

1. Article 59(1) of the Criminal Act of the suspended sentence (a) of the same Act provides that the defendant shall be punished by a fine of one million won, and if the above fine is not paid, the defendant shall be confined in the workhouse for a period calculated by converting 100,000 won into one day. However, as a result of the court’s sentencing review, it is revealed that the defendant, although he resides together with his mother in other areas for about 20 years, he was unable to move his resident registration to the actual place of residence due to home inequality, although he was living together with his mother in other areas for about 20 years, he voluntarily reported to the competent Dong group, and completed all 16 hours as of November 2, 2019, immediately before the decision of this case, he completed the second supplementary training (the carried forward training in 2018), there is no record of previous punishment, and there is no age of the defendant's age and family environment, and there is no risk of recidivism.

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