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(영문) 부산지방법원 2014.09.30 2014고정3392

향토예비군설치법위반

Text

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

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

Reasons

Punishment of the crime

The defendant is a member of homeland reserve forces.

1. On November 27, 2013, the Defendant received a notice of call-up in the name of the fourth unit commander of the 7508 Army that “the supplementary training carried forward in 2013,” which was conducted at the training place of the Busan Reserve Forces training place, from the Defendant’s home on November 7, 2013, and did not undergo the above training without justifiable grounds.

2. On November 29, 2013, the Defendant did not undergo the training call notice given in the name of the fourth unit commander of the Army No. 7508, which caused “the second supplementary training for the overall period of 2013” conducted at the training site of the Busan Party’s Reserve Forces on November 29, 2013, even after receiving the notice of convening the training call notice in the name of the fourth unit commander of the Army No. 7

Summary of Evidence

1. Defendant's legal statement;

1. Written accusation of the fourth unit commander of the 7508 unit;

1. Application of each document of notification receipt Acts and subordinate statutes;

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

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

1. Articles 70 (1) 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;