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(영문) 광주지방법원 2016.10.27 2016고단2711

향토예비군설치법위반

Text

A defendant shall be punished by imprisonment with prison labor 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

Punishment of the crime

The defendant is a local reserve member belonging to the 2nd executive of the mine belt in the area of the mine area.

1. On March 8, 2016, at around 21:35, the Defendant received a notice of call-up for training of homeland reserve forces in the name of the 1st unit commander of the 6753 military unit, which caused secondary supplementary training conducted at the training site of the Reserve Forces in Gwangju Mine-gu, Gwangju, on March 21, 2016, from the Defendant’s house located in Gwangju Mine-gu B.

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

2. On April 21, 2016, at around 21:15, the Defendant received a notice of call-up for the training of homeland reserve forces in the name of the first unit commander of the 6753 military unit, which caused the second supplementary training conducted at the training place of the reserve forces in the relevant Gwangju Mine-gu, Gwangju District, on April 29, 2016.

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

Summary of Evidence

1. Defendant's legal statement;

1. Accusation against the violator of the Establishment of Homeland Reserve Forces Act;

1. Application of Acts and subordinate statutes governing receipt of each muster notice;

1. Relevant provisions of the relevant Acts and the choice of punishment for the crimes, and Articles 15 (9) 1 and 6 (1) of the Establishment of Homeland Reserve Forces Act, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act (including the fact that there is a criminal record of the same kind of fine for the defendant three times after 2014, the fact that there is no criminal record exceeding the fine for the defendant, and the fact that the defendant is against his/her gender, etc.);