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(영문) 광주지방법원목포지원 2020.08.20 2020고단126
예비군법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No defendant shall be allowed to deliver a muster notice to the members of a seven-year reserve force to which he/she belongs, on the ground that he/she fails to file a move-in report under the Resident Registration Act without justifiable grounds, or makes his/her resident registration be cancelled differently from the fact or his/her domicile is registered.

Nevertheless, around October 2019, the Defendant: (a) moved his residence to “Asan-si D Building E” from “Ypopo-si B Apartment-si; and (b) failed to file a report under Article 10 of the Resident Registration Act without any justifiable reason; (c) thereby, the Defendant was registered of unknown domicile as of October 10, 2019.

Accordingly, the defendant could not deliver the notice of convening the second supplementary training (6 hours carried forward training in 2017) to the defendant on November 21, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Requesting a person who violates the provisions of the Reserve Forces Act in 2019 to file an accusation, notification of a violation of the Reserve Forces Act, notification of a crime, confirmation of a criminal fact, list of households having no domicile, resident registration of a person of no domicile, resident registration card of a person of a reserve force, organization card of a reserve force, and application

1. Relevant provisions of the Acts and Articles 15 (2) and 6-2 of the Reserve Forces Act concerning facts constituting an offense;

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

1. Article 334(1) of the Criminal Procedure Act provides that a person shall be punished by a fine as ordered in consideration of the following: (a) there is no other criminal punishment except for a fine imposed on two occasions due to a violation of the Act on the grounds of sentencing under Article 334(1) of the Provisional Payment Order; (b) there is a personal family history, etc. in the process of failing to file a move-in report; (c) there is a circumstance that can be taken into account such as an individual family history; (d) there seems to have been no intention to evade the training of the reserve forces itself because the person was willing to respond to a call

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