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(영문) 광주지방법원 해남지원 2016.03.10 2015고단563
향토예비군설치법위반
Text

Acquittal of the accused shall be acquitted.

Reasons

1. The summary of the facts charged is that the defendant is a member of the local reserve forces, and his residence is moved;

8. The report on the change of residence shall be made in the Eup/Myeon office; and

Nevertheless, on May 27, 2010, the Defendant, without good cause, was registered as the resident registration of October 19, 2010, because the Defendant failed to submit a notice of convening a training force for the second supplementary education local reserve forces in Jindo-gun, despite having moved his/her place of residence from Jindo-gun B to the Buddhist branch, so that he/she could not deliver the second supplementary education local reserve forces training call notice.

2. Article 15 (2) of the Act on the Establishment of Local Reserve Forces provides that "any person who fails to file a muster notice under Article 6-2 of the same Act without justifiable grounds or files a false report under Article 10 of the Act so that he/she may not deliver a muster notice under Article 6-2 of the same Act to the competent authority, so that he/she may cancel the resident registration or make his/her residence unknown pursuant to Article 8 or 20 of the same Act shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won." Thus, an act of crime under the same provision is terminated by failing to file a move-in report as "the act of not moving-in report (in accordance with the Resident Registration Act within 14 days after the relocation of his/her place of residence)" and the act of crime is not committed by the defendant, but by failing to perform the criminal acts of the head of the competent authority, or by failing to comply with the punishment conditions prescribed under the same penal provision. In such case, even if the move-in report was not made before his/her place of residence is unlawful.

Meanwhile, Article 249 Subparag. 5 of the Criminal Procedure Act provides that the statutory penalty for the above crime is “a imprisonment with prison labor for not more than three years or a fine not exceeding 30 million won.”

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