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(영문) 수원지방법원 성남지원 2018.07.24 2018고정49
향토예비군설치법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a member of the local reserve force.

A. On May 8, 2013, the Defendant moved to the place of residence as a mutual influence in the Dong-gu Sungnam-gu Incheon Metropolitan Government apartment B apartment C.

In such cases, the members of the local reserve forces shall report their relocation to the competent Dong office.

Nevertheless, on September 6, 2013, the Defendant failed to report his/her place of residence to prevent delivery of a call notice for training of the local reserve forces without justifiable grounds, and thus, had his/her residence unknown registered.

B. On May 7, 2014, the Defendant did not obey a legitimate order issued by the commander of the Army No. 3879, the third unit commander of the Army to participate in the training without justifiable grounds despite the Defendant’s issuance of the notice of convening “the first supplementary training to the end of May 16, 14,” which was within the mutually infinite public library near Sungnam-si Station, to the end of May 16, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a written accusation, notification of a crime in violation of the Act on the Establishment of Local Reserve Forces, details of the crime, list of resident registration copies, and notification of convening an Internet output;

1. Articles 15(2), 6-2, 15(9)1, and 6(1)1 of the former Act on the Establishment of Local Reserve Forces (amended by Act No. 12791, Oct. 15, 2014; hereinafter the same shall apply), and each of the options of fines for criminal facts;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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