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(영문) 창원지방법원 2019.02.13 2018고단3379
향토예비군설치법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a member of a reserve force belonging to the 3 astronomical brigade or any other brigade.

Around October 2013, the Defendant was living in Gangdong-gu Seoul Metropolitan Government as well as in subparagraph (C) around January 2014, when he moved to a place where the address could not be known, the Defendant reported to the head of the Si/Gun/Gu having jurisdiction over the relevant place of residence within 14 days, but the Defendant made the resident registration cancelled on or around May 8, 2014 and made the registration of unknown domicile unknown because he was unable to deliver the call notice without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant Articles 15 (2) and 6-2 (Punishment of Fines) of the Act on the Establishment of Homeland Reserve Forces (Amended by Act No. 12791, Oct. 15, 2014);

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

1. Sentencing punishment for sentencing under Article 334 of the Criminal Procedure Act: Punishment of a fine of two million won: Grounds for reduction of a fine of two million won: The confession and the separate proceeding of each case [the confession and the separate proceeding (the initial trial: one year of imprisonment with prison labor for a year/ suspended sentence, two years of probation, and forty hours of taking part in a course)], etc.;

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