The defendant shall be innocent.

1. The Defendant is the member of the homeland reserve forces.

No member of the homeland reserve forces shall make his/her domicile registered without any justifiable reason because he/she fails to file a report under the Resident Registration Act in order to prevent delivery of a muster notice.

Nevertheless, on May 1, 2018, the Defendant failed to file a report under the Resident Registration Act, thereby making his domicile unknown registered.

2. In light of the determination, Article 15(2) of the Reserve Forces Act provides, “A person who fails to file a muster notice under Article 6-2 without any justifiable reason or files a false report under Article 10 so that his/her resident registration may be cancelled or whose domicile may be registered unknown pursuant to Article 8 or 20 of the Resident Registration Act shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won,” and Article 20 of the Resident Registration Act provides, “If a person who has filed a report fails to file a report or fails to file a report within the specified period in the peremptory notice or public notice, the head of a Si/Gun/Gu shall file a resident registration or file a registration for the correction, cancellation, or unknown domicile of the registered matters pursuant to the confirmation of the head of a Tong/Ri/Ri/Dong, without any justifiable reason.” Article 30(2) of the Enforcement Decree of the Resident Registration Act provides, “In cases of reduction of water,

However, according to the records of this case, the defendant was detained on February 6, 2018 and was detained in the Ulsan Detention House from February 14, 2018 to August 14, 2018, and the fact that the defendant was registered of his domicile ex officio as to the defendant around May 1, 2018 when the defendant was detained. According to the above facts of recognition, even if the defendant left his domicile due to the detention detention, the competent administrative agency neglected his/her duties and against the defendant.