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(영문) 수원지방법원 성남지원 2014.11.27 2014고정1814
향토예비군설치법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Criminal facts

When the Defendant, as a member of the homeland reserve forces on July 11, 2012, moved his/her residence to a place where his/her address is unknown, from Da, 105 Dong 702 (D) to a place where his/her address is unknown, the Defendant reported the fact to the Dong office having jurisdiction over the relevant place of residence within 14 days thereafter. However, on July 20, 2012, the Defendant failed to report his/her residence within the said period without justifiable grounds to prevent the delivery of the second notice of call for the second training of the homeland base scheduled place of the homeland from being reported. Thus, the Defendant registered his/her domicile domicile unknown at his/her discretion on July 11, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of statutes on resident registration cards;

1. Relevant Articles 15 (2) and 6-2 of the Establishment of Homeland Reserve Forces Act, Articles 10 and 8 of the Resident Registration Act, and the selection of fines for the crimes;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. In light of the fact that the defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order has been punished several times for the same kind of crime, and that the call for the reserve force training has already been completed, etc., even if the defendant's mistake is recognized and speaks against the defendant, or other circumstances alleged by the defendant are sufficiently considered, it is difficult to reduce the amount of the fine specified in the summary order.

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