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(영문) 대전지방법원 천안지원 2017.05.11 2017고정193
향토예비군설치법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a member of the local reserve forces belonging to a new and old Myeon unit.

When the defendant is unable to know the specific date, he moved his residence to a place of unknown in the Asan City B, 105 Dong 410.

In such cases, the members of the local reserve forces shall report the relocation of their residence to the head of the competent local government.

Nevertheless, on September 9, 2016, the Defendant failed to report the change of place of residence in order to prevent the Defendant from delivering a muster notice without justifiable grounds, thereby making the Defendant’s resident registration unknown at his/her discretion.

Summary of Evidence

1. Protocol concerning the examination of suspect;

1. Criminal records;

1. Organization cards of the reserve forces;

1. Application of Acts and subordinate statutes to the abstract of resident registration;

1. Article 15(2) of the pertinent Act on criminal facts and Article 15 of the former Establishment of Local Reserve Forces Act (amended by Act No. 14184, May 29, 2016; hereinafter “Reserve Military Act”), the selection of fines, etc.

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment shall be taken into account such as the background of registration in which the defendant was living, record of criminal punishment, etc.

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