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(영문) 의정부지방법원고양지원 2020.11.19 2020고단269
예비군법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On November 21, 2019, the Defendant was sentenced to imprisonment with prison labor for six months for a violation of the Reserve Forces Act at the Goyang Branch of the District Court, and the judgment became final and conclusive on November 29, 2019.

The defendant is a member of the reserve forces belonging to B.

From April 9, 2019 to May 2019, the Defendant, even though he moved to a dormitory located in Seoul at the time of Pakistan, which is the place of resident registration, from D to a dormitory located in the Gangnam-Gun E, to a new domicile, did not file a move-in report for resident registration without justifiable grounds, thereby making it impossible to deliver the call-up notice to the reserve forces. As such, on August 9, 2019, the Defendant, ex officio, made

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Notice of crimes and criminal records of violation of the Reserve Forces Act;

1. A final and conclusive judgment made on a certified copy of unknown domicile and a reserve force composition card: The application of two copies of written judgments shall be made by reference to criminal records, etc.;

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 above punishment shall be determined by taking into account the following factors: (a) the reason for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act, taking into account the fact that the accused has been punished several times for the violation of the Military Service Act of the same criminal, the fact that there was a history of having been punished for the violation of homeland reserve forces, and the equity with

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