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(영문) 서울북부지방법원 2013.10.02 2013고정2216
병역법위반등
Text

Defendant shall be punished by a fine of 600,000 won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

[2013 High Court Decision 2216] The Defendant is liable for military service.

Where a person liable for military service moves his/her place of residence, he/she shall file a relocation report pursuant to Article 16 of the Resident Registration Act within 14 days.

Nevertheless, the Defendant did not make a move-in report within 14 days without justifiable grounds, even though he moved his residence from Jung-gu, Seoul to 217, Jung-gu, Seoul.

[2013 High Court Decision 2217] The Defendant moved to a member of the homeland reserve forces around January 15, 201, his residence from Jung-gu Seoul Metropolitan Government D to a Buddhist land.

The Defendant did not file a report under Article 10 of the Resident Registration Act to prevent the issuance of a notice of call-up for training of homeland reserve forces, even though he/she moved at the above place of residence without any justifiable reason, thereby having the resident registration cancelled on March 27, 2012.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Application of each statute on a written accusation;

1. Article 84 (2), Article 69 (1) of the Military Service Act applicable to the facts constituting an offense, and Articles 15 (2) and 6-2 of the Establishment of homeland Reserve Forces Act (limited to cases where the resident registration is revoked due to failure to file a report on resident registration);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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