beta
(영문) 대구지방법원 2013.06.19 2013고정1157

향토예비군설치법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the member of the homeland reserve forces belonging to B.

1. On October 31, 2012, the Defendant received the notice of call-up for the training of homeland reserve forces in the name of the Defendant in the name of Daegu Suwon-gu C, 104 Dong 1609 (D building), and the name of the Defendant that caused the second supplementary training (16 hours) conducted at the training site of the Suwon-gu Reserve Forces from November 20 to November 21, 2012.

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

2. On February 14, 2013, the Defendant received a notice of call-up for the training of homeland reserve forces in the name of 3 units attached to the 8251 unit in the Army, which would result in the second supplementary training (16 hours) carried forward from March 4, 2013 to May 5, 2013, at the same place as above 1.

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

3. On February 14, 2013, the Defendant received a notice of call-up for the training of homeland reserve forces in the name of 3 units attached to the 8251 unit in the Army, which was going to undergo the second supplementary training (6 hours) conducted at the training site of the World Reserve Forces in Daegu-gu, Daegu-gu, on March 8, 2013 at the same place as the above 1.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of violations of the Establishment of Homeland Reserve Forces Act;

1. A written confirmation of the same ledger;

1. A written statement of the sender;

1. A receipt of each training call notice;

1. Application of Acts and subordinate statutes to the sender’s statement;

1. Relevant legal provisions and Articles 15 (9) 1 and 6 (1) of the Establishment of homeland reserve forces to choose a punishment on the crime;

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;