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(영문) 창원지방법원 통영지원 2014.04.23 2013고단1034

향토예비군설치법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant of "2013 Highest 1034" is the member of the homeland reserve forces belonging to Gyeongnam-si, Gyeongnam-si.

1. Around 13:00 on October 7, 2013, the Defendant received the notice of call-up of homeland reserve forces in the name of the third unit commander of the Army No. 8358, which caused the second supplementary training (8 hours) conducted at the training site of the homeland reserve forces in the B office located in the Madon City C, on October 17, 2013, the Defendant failed to undergo the said training without justifiable grounds.

2. On October 24, 2013, the Defendant received a notice of convening the homeland reserve forces training in the name of the third unit commander of the 8358 unit of the Army, which was conducted at the training site of the homeland reserve forces at the above B office on November 4, 2013, and caused secondary supplementary training at the training site of the homeland reserve forces at the same time on November 4, 2013, but failed to undergo the said training without justifiable grounds.

The defendant of "2014 Highest 53" is the member of the homeland reserve forces belonging to Gyeongnam-si, Gyeongnam-si.

On November 15, 2013, at around 18:00, the Defendant received a notice of a call-up for training in the name of the third unit commander of the Army 8358 unit of the Army, which would result in six hours for the second unit training conducted at the same place on November 25, 2013, from November 25, 2013 to November 28, 2013, and from November 29, 2013, the Defendant did not participate in each of the above training without justifiable grounds, even though the Defendant received a notice of a call-up for training in the name of the third unit commander of the Army 8358 unit of the Army, which is conducted at the same place on the same day.

Summary of Evidence

"2013 Highest 1034"

1. Partial statement of the defendant;

1. Each accusation letter, each notice of a violation of the Establishment of Homeland Reserve Forces Act, each criminal fact-finding certificate, each notice delivery certificate, each notice receipt, and reserve force programming card "2014No53";

1. Partial statement of the defendant;

1. Application of each statute on a written accusation;

1. Relevant Article 15 (9) 1 and Article 6 (1) of the Establishment of Homeland Reserve Forces Act, the selection of fines, and the selection of fines for criminal facts;

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

1. The Criminal Act for the detention of a workhouse;