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(영문) 대전지방법원 논산지원 2015.05.01 2014고단116
향토예비군설치법위반등
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

1. No member of the reserve forces shall require that his/her resident registration be cancelled because he/she fails to file a report under Article 10 of the Resident Registration Act without any justifiable reason to prevent issuance of a muster notice;

On June 2, 2008, the Defendant had the resident registration ex officio around April 2, 2009 by failing to report the change of the place of residence without any justifiable reason even though he/she had to move his/her place of residence to a Daegu or lower non-floor area within Daegu-si.

2. Where a person liable for military service moves his/her residence, he/she shall file a move-in report pursuant to Article 16 of the Resident Registration Act within 14 days;

The Defendant did not file a move-in report within 14 days without justifiable grounds, even though he/she moved his/her residence to a Daegu or lower-ranking area from Masan-si on March 30, 2010.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The criminal facts in C Ledger, a certificate of mid-to-date, a certificate of fact of a commander of a reserve force, a certificate verifying the commander of a reserve force, a request for ex officio cancellation, whether a request for ex officio cancellation is made, a written request for registration of unknown domicile

1. Application of the Acts and subordinate statutes to a certified copy of the organization card of reserve forces, and a cancelled copy;

1. Article 15 (8) of the Establishment of the homeland Reserve Forces Act (amended by Act No. 9574, Apr. 1, 2009); Articles 84 (2) and 69 (1) of the Military Service Act; and the selection of fines for each crime;

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

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

4. Article 334 (1) of the Criminal Procedure Act.

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