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(영문) 서울동부지방법원 2013.03.15 2013고정306

향토예비군설치법위반

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The defendant is a member of homeland reserve forces.

1. On October 16, 2012, the Defendant received a notice of call-up for homeland reserve forces training in the name of the second unit commander of the Army 6019 unit in the name of the 2nd unit commander of the Army, which was conducted from his father D from November 5, 2012 to November 7, 2012 at his/her own house located in Songpa-gu Seoul building B and 401 (C).

However, the defendant did not receive the above training without justifiable grounds.

2. On October 16, 2012, the Defendant received a notice of convening homeland reserve forces training in the name of the second unit commander of the Army 6019 unit in the name of the father D, which was conducted at his own house located in Songpa-gu Seoul building B and 401 (C) around November 9, 2012 from his father D.

However, the defendant did not receive the above training without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Each accusation;

1. Application of the statutes governing receipt of a notice of call for education and training and written confirmation for delivery;

1. Relevant provisions of the Acts and the choice of punishment for the crimes, and Articles 15 (9) 1 and 6 (1) of the Establishment of Homeland Reserve Forces Act;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;