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(영문) 서울중앙지방법원 2014.09.12 2014고단5118
향토예비군설치법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Establishment of Homeland Reserve Forces Act;

A. On September 23, 201, the Defendant, as a member of the homeland reserve forces, failed to undergo the said training without justifiable grounds even after he/she received a notice of a call for training under the name of the second unit commander of the 2089 unit commander of the Army, which caused the second supplementary training (24 hours) from October 4, 201 through the Defendant’s house located in Gangnam-gu Seoul, Seoul, to October 6, 2011 at the training site of the Seocho-gu Seocho Reserve Forces.

B. On October 30, 201, the Defendant, as a member of the homeland reserve forces, failed to undergo the said training without justifiable grounds even after receiving a notice of convening the training in the name of the second unit commander of the 2089 unit commander of the Army, which was sent from November 14, 201 to November 16, 2011, at the Seocho-gu Reserve Forces training site, Gangnam-gu, Seoul Special Metropolitan City (24 hours), Nov. 17, 201, and Nov. 18, 201, to undergo the second supplementary training (6 hours each), under the name of the second unit commander of the 2089 unit commander of the Army.

(c) No member of the homeland reserve forces shall make a move-in report without justifiable grounds so that he/she may not deliver a notice of a call-up for training, or make his/her resident registration be cancelled by filing a false report or make his

Nevertheless, on November 2012, the Defendant, as a member of the homeland reserve forces, failed to make a move-in report to the Dong office in the location of the new dwelling site, even though he moved to the house of the Dong office in Gangnam-gu Seoul, Seoul, to move to the house of the Gyeonggi-gu. On April 9, 2013, the Defendant registered his domicile unknown in accordance with the Resident Registration Act by the head of Gangnam-gu Dong Dong 2

2. The Defendant violated the Military Service Act, as a person subject to military force mobilization training on June 7, 2012, did not temporarily enlist in the military service without justifiable grounds, even though he/she received a notice of a call for military force mobilization training conducted in Gangnam-gu Seoul, Seoul, from July 11, 2012 to July 13, 2012, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. The police of the defendant.

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