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(영문) 의정부지방법원 고양지원 2019.11.21 2018고단2348
예비군법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On April 6, 2017, the Defendant was sentenced to a fine of 2 million won for the violation of the Establishment of Homeland Reserve Forces in the Seoul Southern District Court (Seoul Southern District Court) and was sentenced to eight times more.

On June 2017, the Defendant, as a member of the reserve forces, moved from the Seocho-si, Gyeonggi-si, Seoul, to a Buddhist land below Yeongdeungpo-gu, Yeongdeungpo-gu.

In such cases, the members of the reserve forces shall file a report on the change of residence with the competent Dong office.

Nevertheless, on September 26, 2017, the Defendant failed to file a report on the change of residence in order to prevent the issuance of a notice of possession of a reserve force without justifiable grounds, thereby making his/her resident registration unknown.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes on criminal facts, resident registration certificates, and reserve forces organized cards;

1. Article applicable to the facts constituting an offense, Articles 15 (2) and 6-2 of the Reserve Forces Act selecting a punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant committed a second offense even though he/she was punished for the same kind of crime.

However, the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, after considering the fact that the defendant recognized the crime and reflects the fact that there is no record of punishment exceeding the fine, etc., shall be determined like the order.

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