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(영문) 서울남부지방법원 2015.11.25 2015고단267

향토예비군설치법위반

Text

A defendant shall be punished by imprisonment for four 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

[Criminal Power] On January 29, 2015, the Defendant was sentenced to a suspended sentence of two years for six months from the Seoul Southern District Court due to night building intrusion theft, and the said judgment became final and conclusive on February 6, 2015.

【Criminal Facts】

Defendant is a homeland reserve force member.

1. At around 18:40 on November 15, 2013, the Defendant directly received a notice of convening homeland reserve forces training in the name of the Ministry of Land, Infrastructure and Transport 2051 to participate in the first carried-over supplementary training conducted at the training site for the Maak and Dongjak-gu Reserve Forces in Dongjak-gu Seoul on November 29, 2013 at the Defendant’s house located in Dongjak-gu Seoul Metropolitan Government.

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

2. On March 24, 2014, the Defendant directly received a notice of call for the training of homeland reserve forces under the name of the 2051 commander of the Army, to participate in the first supplementary training conducted at the training site for Maak and Dongjak Reserve Forces on April 3, 2014, which was conducted from the above Defendant’s house on March 24, 2014.

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

3. On June 10, 2014, the Defendant directly received a notice to call for the training of homeland reserve forces in the name of the commander of the Army 2051, to participate in the second supplementary training for the second half of the year 2012, which was conducted at the training site for the Maak- and Dongjak Reserve Forces on June 24, 2014 from the above Defendant’s house to the above Defendant’s house.

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

4. On June 10, 2014, the Defendant directly received a notice of call for the training of homeland reserve forces under the name of the 2051 commander of the Army, to participate in the second supplementary training conducted at the training site for the Soak and Dongjak Reserve Forces on June 27, 2014, from the above Defendant’s house to June 17:10, 2014.

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

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. A certificate of each crime and a notice of call for training;