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(영문) 대전지방법원 논산지원 2015.10.30 2015고정96
향토예비군설치법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the member of the homeland reserve forces belonging to the Gu and America.

On October 2014, the Defendant was registered as the domicile of the Defendant on January 22, 2015 because he did not report his resident registration to the competent authority, even though he moved to E in the city of Seosan-si from Gu, Si, Si, Si, Si, Si, Si, Do.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Determination of the defense counsel’s assertion in the accusation

1. The defense counsel asserts that there are justifiable grounds for not reporting under the Resident Registration Act, because the defendant suffers from her on-site illness at the time.

According to the police interrogation protocol, etc. of the defendant, the defendant is found to have suffered from her early illness at the time, but there is no justifiable reason not to report under the Resident Registration Act on such circumstance.

Therefore, the above argument is not accepted.

2. The defense counsel asserts that at the time the defendant suffered from a man's illness, the defendant suffered from a mental disorder, mental disorder, or mental disorder.

As seen earlier, it is recognized that the defendant was suffering from the sternal disease at the time, but the defendant did not have the ability to discern the object or make a decision.

It does not seem to have reached a state of or weakness.

Therefore, the above argument cannot be accepted.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 15 (2) and 6-2 of the Establishment of homeland reserve forces to select punishment, Articles 10 and 20 of the Resident Registration Act, and the selection of fines;

2. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or above.

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