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(영문) 울산지방법원 2020.11.19 2020고단3730
예비군법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around August 2018, the Defendant, as a member of the reserve forces, moved his residence to a so set of a mutual frying b apartment C.

In such cases, the members of the reserve forces shall file a report on the change of residence with the competent Dong office.

Nevertheless, on November 19, 2018, the Defendant failed to report the relocation of his/her place of residence in order to prevent issuance of a notice of convening a reserve force training without justifiable grounds, and thus cancelled the resident registration ex officio.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on a written accusation, written confirmation of facts constituting an offense, resident registration card (a certified copy of a resident whose residence is unknown), and

1. Article applicable to the facts constituting an offense, Articles 15 (2) and 6-2 of the Reserve Forces Act selecting a punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined in consideration of all the circumstances indicated in the records, such as the circumstances under the reason of sentencing under Article 62-2 of the Criminal Act, the age, character and conduct, environment, and circumstances after the crime;

The circumstances that are disadvantageous: the previous and two times; the defendant was scheduled to receive the reserve forces training for a total of 107 hours in 2018, but the above training was not conducted at all, and the above reserve forces cannot be conducted due to the expiration of the current reserve period: The fact that the above reserve forces are recognized to be erroneous, and there is no criminal record exceeding the fine.

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