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(영문) 서울동부지방법원 2017.11.21 2017고정1420
향토예비군설치법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant of "2017 Highly 1420" is a member of the local reserve forces belonging to the 2nd and ridge of the Seoul Special Metropolitan City Gwangjin-gu.

On September 2016, the Defendant moved his residence to a D'B located in the same Gu in Gwangjin-gu Seoul Special Metropolitan City.

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

Nevertheless, on December 6, 2016, the Defendant failed to report the change of place of residence in order to prevent issuance of a notice of convening a local reserve force training without justifiable grounds, thereby making it impossible for the Defendant to register ex officio residence registration.

On July 1, 2016, the Defendant, as a member of the local reserve forces, received the second supplementary training (6 hours) in the name of the commander of the unit 3298 unit 3298 unit 1 unit 3298 unit 1 unit 1 unit 3298 unit 1 unit 1 unit 3298 unit 1 unit 1 unit 1 unit 3298 unit 1 unit 1 unit 1 unit 1 unit 329 units 1 unit 1 unit 1 unit 1 unit 1 unit 1 unit 1 unit 1 unit 2 and unit 1 unit 1 unit 1 unit 2.

Summary of Evidence

[2017 High Court Decision 1420]

1. Statement by the defendant in court;

1. A written accusation or a transcript of resident registration (2017 high-level 1423);

1. Statement by the defendant in court;

1. Notification of violations of the Act on the Establishment of Local Reserve Forces, and application of receipt statutes;

1. Relevant Article of the Act on the Establishment of Local Reserve Forces, Articles 15 (2) and 6-2 of the Act on the Establishment of Local Reserve Forces, Articles 15 (9) 1 and 6 (1) of the Act on the Establishment of Local Reserve Forces, and the selection of fines for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the accused has a record of being subject to criminal punishment twice for the same crime, and that the nature of the crime of this case is minor;

The sentence shall be determined as ordered in consideration of the sentencing conditions shown in the trial of this case, such as the fact that it cannot be seen.

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