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(영문) 대전지방법원 천안지원 2016.06.10 2016고정212

향토예비군설치법위반

Text

Punishment on the accused shall be determined by a fine of KRW 500,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a member of the local reserve forces belonging to the two units of gender5.

1. On March 10, 2015, the Defendant did not participate in the above training without justifiable grounds even though he/she received a notice of convening the training of the local reserve forces to participate in the second supplementary training (12 hours) conducted at the training site of the reserve forces located in the Dong-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu on April 7 to 8, 2015, by registered mail at the Defendant’s residence on or around March 10, 2015.

2. On April 9, 2015, the Defendant, at the time and place specified in paragraph 1, did not participate in the said training without justifiable grounds, even though he/she received a notice of convening a call for training of the local reserve forces to participate in the 14th term supplementary training (six hours) in the training site for the reserve forces located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, and Dong-gu on April 9, 2015.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes on criminal facts, criminal records, receipt of muster notice, and local reserve forces organized cards;

1. Article 15 (9) 1 and Article 6 (1) of the Act on the Establishment of Local Reserve Forces for the Establishment of such a Act and the Selection of a fine for a crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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