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(영문) 대구지방법원 서부지원 2017.07.07 2016고정1097
향토예비군설치법위반
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On November 17, 2016, the Defendant was sentenced to three years of imprisonment with prison labor for special robbery in the Seo-gu District Court Branch of the Daegu District Court due to special robbery, etc., and the judgment became final and conclusive on March 24, 2017.

The defendant is a member of a local reserve force belonging to a Dong-gu, Ulsan-gu, 765 unit 77.65 unit 4 unit in the Army.

No member of a local reserve force shall make his/her residence unknown because he/she fails to file a move-in report under the Resident Registration Act to prevent the delivery of a muster notice for a local reserve force without justifiable grounds.

Nevertheless, on October 2013, the Defendant was unable to file a move-in report without justifiable grounds while moving his/her place of residence from Ulsan-gu, Ulsan-gu to an Buddhist branch on December 16, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. The resident registration card (the abstract of the person in whose residence is unknown);

1. Previous convictions in judgment: Application of the text of judgment [2016 High Court Decision 2016 High Court Decision 141, 165 (Joint)] and case search (2016 High Court Decision 2016 High Court Decision 141)

1. Articles 15 (2) and 6-2 of the Act on the Establishment of Local Reserve Forces under Article 15 of the same Act concerning facts constituting an offense;

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

1. The latter part of Article 39 (1) of the Criminal Act exempted from punishment (it appears that even if a judgment was rendered simultaneously with the crime for which judgment became final and conclusive, the crime of this case would not have been sentenced more severe punishment due to the crime of this case);

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