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(영문) 서울북부지방법원 2015.01.07 2014고정2081
향토예비군설치법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

[2014 Highly 2081] The Defendant received a training call notice, which contains the purport that he/she would undergo the second supplementary training from March 18, 2013 to February 20, 2013, by facsimile, as a member of the homeland reserve forces, but did not receive the said training without justifiable grounds.

[2014 High Court Decision 2839] No member of the homeland reserve forces may, without justifiable grounds, make a move-in report in order to prevent a delivery of a notice of a call-up for training, or make him/her cancel the resident registration by filing a false report or make

Nevertheless, around August 2013, the defendant, who is a member of the homeland reserve forces, moved his residence to D frequency D in Dobong-gu Seoul Metropolitan Government, Dobong-gu, Seoul, but failed to move to move, thereby making the resident registration cancelled around March 14, 2014.

Summary of Evidence

[2014 High Court Decision 2081]

1. Defendant's legal statement;

1. A written notification of crimes and a written statement of facts;

1. Receipt of a notice of call for education and training;

1. A homeland reserve forces composition card;

1. Each demand for appearance (2014 high-level 2839);

1. Defendant's legal statement;

1. A written accusation and a written confirmation of facts on the same ledger;

1. Application of statutes to a notice of convening education and training;

1. Relevant Article 15 (9) 1, Article 6 (1), and Article 15 (2) of the Establishment of homeland Reserve Forces Act, the selection of fines on criminal facts, and the selection of fines;

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

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 of the provisional payment order;

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