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(영문) 대전지방법원 2017.08.25 2017고정827
예비군법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is a member of the reserve forces belonging to B Eup unit.

The reserve forces shall not make a report pursuant to Article 10 of the Act on the Registration of Residents or make a false report so that their resident registration may be cancelled or their residence are unknown pursuant to Article 8 or 20 of the same Act, without justifiable grounds, in order to prevent the delivery of a muster notice.

On 01. 01. 201, the Defendant moved his residence to the location of the Seoul Youngpopo-gu, Seoul Special Self-Governing City C 202.

In such cases, the reserve forces shall file a report on the relocation of their places of residence within 14 days at the Dong office under their jurisdiction.

Nevertheless, the Defendant failed to report the change of place of residence in order to prevent issuance of a notice of convening a call for training of the reserve forces without justifiable grounds, and thus, the Defendant was cancelled ex officio on December 28, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to notify violations of the Act of reserve forces;

1. Relevant Articles 15 (2) and 6-2 of the Act concerning facts constituting an offense and Articles 15 (2) and 6-2 of the Act of the reserve forces selected to impose punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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