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(영문) 전주지방법원 2015.09.25 2014고단635
향토예비군설치법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

"2014 Highest 635"

1. On February 26, 2014, the Defendant, as a member of the homeland reserve forces, failed to undergo the above training without justifiable grounds even after he/she was delivered a muster notice to call the homeland reserve forces training at the office of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company

2. The defendant, as a member of the homeland reserve forces, failed to undergo the above training without any justifiable ground even after being delivered a notice of convening the homeland reserve forces training to the effect that he/she may undergo the native reserve forces training at the time and place described in paragraph (1), and from the place of the previous week training in the previous week under paragraph (1) on March 14, 2014.

"2015 Highest 1157"

3. The Defendant is a member of the homeland reserve forces belonging to the 3 club members of the Dongdaemun-gu Seoul Metropolitan Government.

Members of the reserve forces shall not, without justifiable grounds, file a report on the relocation of a place of residence in order to prevent delivery of a muster notice for training, or make his/her domicile registered unknown.

Nevertheless, on July 2014, the Defendant did not report his domicile to the competent authority without any justifiable reason, even though his residence was changed from "Jinjin-gu Seoul Metropolitan City B" to "Jinjin-gu Seoul Metropolitan City," and registered his domicile to the competent authority on September 29, 2014.

Summary of Evidence

[2014 Highest 635]

1. Defendant's legal statement;

1. Each accusation;

1. Receipt of a notice of call for education and training (2015 highest 1157);

1. Defendant's legal statement;

1. Application of the accusation, request for registration of unknown domicile, list of residents whose registration is cancelled, or certified copy of resident registration;

1. Article 15(9)1 and Article 6(1) of the former Establishment of homeland reserve forces Act (amended by Act No. 12791, Oct. 15, 2014); and Article 15(9)1 and Article 6(1) of the former Establishment of homeland reserve forces Act (amended by Act No. 12791, Oct. 15, 2014) on the establishment of homeland reserve forces.

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