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(영문) 인천지방법원 부천지원 2015.01.14 2014고정1456
향토예비군설치법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a member of the homeland reserve forces belonging to one of the Gu, Seocheon-si, Seocheon-si.

On June 12, 2014, if the Defendant moved his or her dwelling place before the date to an influence, the Defendant shall report the fact to the head of the Dong having jurisdiction over the new domicile within 14 days from that day and deliver a notice of call-up for training of the reserve forces to the head of the Dong having jurisdiction over the new domicile.

Nevertheless, on June 17, 2014, the Defendant failed to report the change of his place of residence without any justifiable reason, and thus, was registered as an unknown residence on July 9, 2014, by allowing the Defendant to not deliver a notice of call-up for training that would cause eight hours for the first supplementary training to be conducted at the training site in Bupyeong-si, Busan Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Criminal facts confirmation;

1. Membership cards of the homeland reserve forces members;

1. Application of Acts and subordinate statutes to a certified copy of resident registration;

1. The applicable provisions of the relevant statutory provisions and the applicable provisions of Articles 15(2) and 6-2 of the Establishment of homeland Reserve Forces Act regarding criminal facts are stipulated as “Articles 15(2) and 6(2) of the Establishment of homeland Reserve Forces Act”, but such provision appears to be erroneous in the “Article 15(2) and 6-2 of the Establishment of homeland Reserve Forces Act” and the correction is made as there is no impediment to guaranteeing the defendant’s right to defense.

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;

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