Acquittal of the Defendant

When a person liable for military service moves his residence, the summary of the facts charged shall file a move-in report in accordance with Article 16 of the Resident Registration Act within 14 days.

around March 2009, the Defendant moved to the place of residence of the Incheon Southern-gu B, 302, the Bupyeong-gu, Incheon.

Nevertheless, the defendant did not make a move-in report to the head of the Dong having jurisdiction over the place of residence within 14 days from that day without justifiable grounds.

However, the facts charged in this case are crimes falling under Articles 84(2) and 69(1) of the Military Service Act, and Article 84 of the same Act stipulates that the offender shall be punished by a fine not exceeding two million won, or by misdemeanor imprisonment.

However, according to Article 349(1)5 of the Criminal Procedure Act, the statute of limitations for crimes punishable by imprisonment or imprisonment without prison labor for a maximum term of less than five years, suspension of qualifications for a maximum of ten years or more, or a fine is clear that the prosecution of this case was filed on October 23, 2014, when five years have elapsed since March 2009 or around April 209, which is the time when the indictment of this case was completed.

Therefore, the prosecution of this case constitutes the time the statute of limitations expires, and thus, the prosecution of this case is acquitted against the defendant in accordance with Article 326 subparagraph 3 of the Criminal Procedure Act.