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(영문) 의정부지방법원 2018.03.29 2017노1520
향토예비군설치법위반
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 500,000) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

A. In the facts charged, the Defendant is a member of the next local reserve forces in 12 years belonging to the 2nd unit of Shindong-dong.

Where a member of the local reserve forces moves his/her place of residence, he/she shall not make a move-in report to the competent administrative agency without justifiable grounds.

Nevertheless, the Defendant, despite having moved to the actual place of residence of the Defendant’s entire place of residence, which was set forth in Rule C and Rule C, 102 of Rule C and Rule C, Ansan-si on September 15, 2016, the Defendant could not deliver the call-up notice by failing to return to the Ansan-si Mayor within 14 days from the date of the move-in report without justifiable grounds, on the ground that, in the event of a move-in report, the parent-child could not benefit as long as he/she was

B. 1) The prosecutor indicted the above charges on the charge of violating the Act on the Establishment of Local Reserve Forces under Articles 15(2) and 6-2 of the former Act on the Establishment of Local Reserve Forces.

2) Article 15(2) of the former Act on the Establishment of the Local Reserve Forces (amended by Act No. 14184, May 29, 2016) shall be punished by imprisonment with prison labor for not more than three years, or by a fine not exceeding 30 million won, for a person who, without justifiable grounds, fails to submit a muster notice under Article 6-2 of the Resident Registration Act or makes a false report so that he/she is unable to deliver a muster notice under Article 6-2 and thereby makes his/her resident registration cancelled or his/her residence unknown pursuant to Article 8 or 20 of the same Act.

Article 10 (1) of the Resident Registration Act provides that "the resident shall report his/her name, gender, address, etc. to the head of the Si/Gun/Gu having jurisdiction over the relevant place of residence."

Article 11(1) of the same Act provides that a report under Article 10 shall be filed within 14 days from the date on which the grounds for the report arise.

Article 20 of the Resident Registration Act shall apply.

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