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(영문) 인천지방법원 2014.02.11 2013고단7898

향토예비군설치법위반

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

[2013 Highest 7898] The defendant is a member of the local reserve forces belonging to the 2010 parallels.

On August 16, 2013, at C office located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, the Defendant received the second supplementary training (24H) from September 9, 2013 to November 11, 2013, and the second supplementary training (6H) from September 12, 2013, which was conducted at the training site for the Gyeyang Reserve Forces, and received the second supplementary training (24H) from September 12, 2013, respectively, and did not receive the above training without justifiable grounds.

[2014 Highest 400]

1. On October 28, 2013, the Defendant was unable to attend the second supplementary training in the name of the third unit commander of the Army 7873 military unit, which received the second supplementary training (15H) conducted at the office of “C” located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu from November 20, 2013 to November 21, 2013, without justifiable grounds.

2. On October 31, 2013, the Defendant was unable to participate in the second supplementary training course, which was conducted at the above training place on November 22, 2013, and was sent a notice of a call-up for training in the name of the above large-scale commander (6H).

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D;

1. Each accusation;

1. Certificates of each crime;

1. Application of Acts and subordinate statutes concerning receipt of a notice of a training call;

1. Relevant Article 15 (9) 1 and Article 6 (1) of the Establishment of homeland reserve forces Act, the selection of punishment for the crime, and the selection of imprisonment with labor;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (the execution of a sentence shall be suspended in consideration of the fact that the defendant has been punished by a fine for the violation of the Establishment of Homeland Reserve Forces Act, but the defendant's mistake is divided and is considered to be trained faithfully);