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(영문) 대구지방법원 2016.04.08 2013노3859
향토예비군설치법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In a case where the Defendant did not make a move-in report to the competent Dong office on March 2, 201 while moving his/her place of residence to a patrolman on November 22, 201 without justifiable grounds, and thus, the lower court deemed the time at which the crime was completed as the first patrol officer on March 22, 2010, and sentenced the Defendant not guilty by applying Articles 15(2) and 6-2 of the former Act on the Establishment of the Reserve Forces for the Republic of Korea (amended by Act No. 10650, May 19, 201; hereinafter “former Act”).

However, the crime of violating the Act on the Establishment of Local Reserve Forces is terminated when the resident registration is cancelled or the resident registration is unknown due to the failure to file a move-in report, and the period at which the crime is terminated on November 22, 201, and the defendant shall be punished pursuant to Articles 15(2) and 6-2 of the amended Act on the Establishment of Local Reserve Forces (Act No. 10650, hereinafter "the amended Act"), but the judgment of the court below which acquitted the defendant, is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

B. The punishment sentenced by the lower court (unfair sentencing) is too unreasonable.

2. Judgment on the Prosecutor’s misunderstanding of the legal principles (the judgment of the court below on the acquittal)

A. The summary of this part of the facts charged is that the Defendant was registered as a member of the local reserve forces on November 22, 201, by failing to file a move-in report to the competent Dong office without justifiable grounds, even if he/she moved to the room 106 of the room located in E at the beginning of March 2010, when he/she was permanently stationed in the beginning of March 201.

(b) Relevant provisions 1) Articles 15(2) and 6-2(Delivery, etc. of Convocation Notice) (1) of the former Act when training the reserve forces members, a muster notice shall be delivered to the person in advance, as prescribed by Presidential Decree.

Provided, That where any on-time training or inspection is conducted in preparation for mobilization, a muster notice may be notified and convened in the manner prescribed by Presidential Decree without delivering the muster notice.

(2)

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