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(영문) 부산지방법원 2016.05.25 2016고정1538
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

On June 25, 2015, the Defendant was sentenced to imprisonment with labor for one year for embezzlement, etc. at the Seoul Northern District Court (Seoul Northern District Court), and the judgment became final and conclusive on March 30, 2016.

The Defendant, as a member of the Dong-gun ombomb in Seoul Dongdaemun-gu Reserve Forces in the Republic of Korea, the Defendant moved his place of residence to the Dongdaemun-gu Seoul Metropolitan Government B Studio 309 around November 29, 2013.

In such cases, the local reserve forces shall report the relocation of their residence to the Dong office under their jurisdiction.

Nevertheless, on October 26, 2015, the Defendant violated the Act on the Establishment of Local Reserve Forces because he/she was unable to deliver a notice of convening a call for training of the local reserve forces without justifiable grounds and was registered as an unknown resident on October 26, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A resident registration card, a local organization card for a reserve force, or a registration official whose residence is unknown;

1. A written accusation;

1. Previous convictions: Application of criminal history inquiries, reports, judgments, and search-related Acts and subordinate statutes after ascertaining the previous convictions and dispositions;

1. Article 15(2) of the relevant Act and Article 15(2) of the former Establishment of Local Reserve Forces Act (amended by Act No. 12791, Oct. 15, 2014) regarding criminal facts;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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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