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(영문) 인천지방법원 2013.09.13 2013고정2245
향토예비군설치법위반
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On June 5, 2012, the Defendant was sentenced to imprisonment with prison labor and six months for fraud, etc. at the Incheon District Court on June 5, 2012 and the judgment became final and conclusive on October 31, 2012.

The defendant, as a member of the homeland reserve forces on September 201, the defendant moved his residence from Seosan-si B to Incheon's Buddhist land.

In such cases, the homeland reserve forces shall report the relocation of their residence to the competent Dong office.

Nevertheless, on January 2, 2012, the Defendant failed to report the relocation of his/her place of residence in order to prevent the delivery of the notice of convening the training of homeland reserve forces without any justifiable reason, and thereby cancelled the notification of resident registration.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. An accusation or a copy of resident registration cancellation;

1. A judgment division: A inquiry report on criminal records, etc., records of case standing, and application of Acts and subordinate statutes;

1. Relevant legal provisions and Articles 15 (2) and 6-2 of the Establishment of homeland reserve forces to choose a punishment on the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 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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