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(영문) 의정부지방법원 고양지원 2016.01.21 2015고정784
향토예비군설치법위반
Text

Acquittal of the accused shall be acquitted.

Reasons

1. The summary of the facts charged is the local reserve forces, and the local reserve forces should, if they move to their place of residence, file a move-in report with the administrative office having jurisdiction over the relevant place of residence so that a muster notice can be delivered, notwithstanding the fact that they moved to the Gangnam-gu Seoul Metropolitan Government D around August 2013, even though they moved to their place of residence around the same day, around March 3, 2014.

3. Until June 2, 200, the first supplementary training (26 hours) was carried forward by the head of the training team for the U.S. reserve forces, which was carried over by the head of the training team for the U.S. and the first supplementary training (26 hours) and did not report the change of place of residence without justifiable grounds so that the person could not reside in the resident registration on March 24, 2014.

2. Judgment of acquittal

A. According to the records, the defendant was sentenced to four years of imprisonment and fine of 300,00 won for robbery and violation of the Military Service Act in the Seoul Central District Court Decision 2014 High Court Decision 836, 1096, 1103 (Joint) Decided December 12, 2014. The defendant appealed therefrom, but the appeal was dismissed in the Seoul High Court Decision 2014No4036 decided April 2, 2015, and the above decision of the first instance court became final and conclusive around that time.

B. Criminal facts constituting a crime of violating the Military Service Act, which constitutes a fine among the finalized sentences, shall be reported to the head of a Si/Gun/Gu having jurisdiction over the new place of residence within 14 days, if the defendant is a reserve force designated as a person to be mobilized for military service, and if a person has moved to his place of residence.

Nevertheless, even though the defendant moved to Gangnam-gu Seoul Metropolitan Government D around July 2013, he/she did not make a move-in report to the head of Gangnam-gu within 14 days from the above date without justifiable grounds.

“....”

(c)

The facts charged in violation of the Act on the Establishment of the Local Reserve Forces and facts charged in violation of the Military Service Act in the final and conclusive judgment are only the provisions of the applicable law, and the basic facts are not reported or move-in report.

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