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(영문) 청주지방법원 2016.03.31 2015고정499 (1)

향토예비군설치법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a member of the local reserve force.

The Minister of National Defense may train the reserve forces within 20 days annually, as prescribed by Presidential Decree, and any person who is called for the same training shall undergo such training, except in extenuating circumstances.

1. On October 16, 2014, the Defendant received a notice of convening a call for education and training in the name of the first unit commander of the 2161 unit unit of the Army, to attend the second unit training at the training site of the Cheongju-si Reserve Forces on November 12, 2014, which was conducted at the training site of the Cheongju-si, Chungcheongnam-gu, Cheongju-si, Seoul, to participate in the second unit training at 6 hours, without justifiable grounds.

2. On October 20, 2014, the Defendant received a notice of convening a call for education and training in the name of the first unit commander of the 2161 unit unit in the Army, which was conducted at the training site of the Cheongju-si Reserve Forces on November 19, 2014 at the Defendant’s workplace of the Cheongju-si B, Chungcheongnam-gu, Cheongju-si, to attend the second unit training site on November 19, 2014.

3. On October 20, 2014, the Defendant received a notice of convening a call for education and training in the name of the first unit commander of the 2161 unit commander of the Army to attend the second unit training course conducted at the training site of the Cheongju-si Reserve Forces on November 21, 2014 at the Defendant’s workplace of the Cheongju-gu B, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju-si on November 201, but did not attend without justifiable grounds.

Summary of Evidence

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

1. Application of Acts and subordinate statutes governing receipt of a written statement of each muster notice, each written accusation, and each notice of convening education;

1. Article 15 of the Act on the Establishment of Local Reserve Forces and Articles 15 (9) 1 and 6 (1) of the Act on the Establishment of Local Reserve Forces, and Selection of fines for crimes;

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;