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(영문) 서울동부지방법원 2019.08.12 2018고단3287

예비군법위반

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

Criminal facts

On June 1, 2018, the Defendant received a summary order of KRW 3 million from the Seoul Eastern District Court to commit a violation of the Reserve Forces Act; on March 9, 2018, a summary order of KRW 1,500,000 as a fine for the same crime in the same court on March 9, 2018; and on October 27, 2017, a summary order of KRW 1,00,000 as a fine for the same crime in the same court on the same day.

The defendant, as a member of the reserve forces, was not subject to the above training without justifiable grounds, even though he received a notice of convening the reserve forces training in the name of the first unit commander of the 3298 military unit 3298 military unit, which was conducted on June 4, 2018 at the residence of the defendant of the defendant of the building B in Gwangjin-gu Seoul Special Metropolitan City, and on June 27, 2018 at the training site of the gold-gu reserve forces.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of a crime in violation of the Reserve Forces Act (a statement of the fact of the crime, a certificate of the same ledger, a receipt certificate, and a reserve force organizing card);

1. Application of the Act and subordinate statutes to inquiry reports, such as criminal records, and investigation reports (Attachment to the same criminal records and judgments);

1. Article relevant to the facts constituting an offense, and Articles 15 (9) 1 and 6 (1) of the Act on the Selection of Punishment of Reserve Forces (Selection of Imprisonment or Imprisonment);

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant was punished three times on the ground that he did not receive reserve forces training during the period from 2017 to 2018. In other words, the Defendant committed the instant crime of the same kind. In light of the fact that the Defendant had a criminal record of imprisonment with prison labor for a violation of the Military Service Act, which was punished for six months, and that he was trained as a reserve force, and that he was performing the duty of national defense as prescribed in the Constitution, even if he did not perform the duty of national defense as provided in the Constitution, the Defendant should be strictly punished.

However, the fact that the defendant recognized his mistake and next, the defendant's participation in the reserve forces training is essential, etc. shall be taken into consideration in favor of the defendant.

In addition, the age, character and conduct, environment, and circumstances before and after the crime are committed.