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(영문) 서울서부지방법원 2019.02.22 2018고단3513
예비군법위반
Text

A defendant shall be punished by imprisonment for four months.

except that 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

On June 11, 2018, the Defendant was sentenced to the suspension of the execution of four months in Seoul Western District Court for a violation of the Reserve Forces Act, and is currently pending in the appellate trial.

The defendant is the member of the reserve forces belonging to Eunpyeong-gu Seoul.

1. Members of a reserve force shall, upon moving his/her place of residence, file a report thereon with the competent administrative agency within 14 days;

On September 18, 2017, the Defendant was registered as the domicile domicile on September 18, 2017 because the Defendant failed to report his/her residence without justifiable grounds despite having moved his/her domicile to the Eunpyeong-gu EelF from the Eunpyeong-gu Seoul building C building D to the EelF.

2. On October 12, 2017, the Defendant, on October 31, 2017, issued a notice of call for training in the name of the second commander of the 1905 military unit of the Army, which caused the second supplementary training conducted at the training site of the Eunpyeong-gu Seoul Metropolitan Government Steering Group on October 31, 2017, and the second supplementary training conducted at the training site of the training site on November 1, 2017, was unable to participate in the said training without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Each accusation;

1. Notification of each criminal fact and a violation of the Reserve Forces Act;

1. Notice of convening education and training for reserve forces;

1. Receipt of the muster notice;

1. Sending a summons by mail;

1. Application of Acts and subordinate statutes on the resident registration card;

1. Relevant Articles 15 (9) 1 and 6 (1) of the Reserve Forces Act concerning the facts constituting an offense, Article 15 (2) of the Reserve Forces Act (a point where the domicile is registered due to a failure to report an address), and Article 15 (2) of the Reserve Forces Act (a point where the domicile is unknown

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

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