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(영문) 인천지방법원 2020.07.23 2020고단2928

예비군법위반

Text

Defendant shall be punished by a fine of KRW 4,500,000.

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

Reasons

Punishment of the crime

The defendant is the member of the U.S. reserve forces in Gyeyang-gu, Incheon.

When a member of the reserve forces postpones mobilization or training, he shall not intentionally cause the said cause or commit any false act.

Nevertheless, around May 2019, the Defendant had the intent to submit the can file to the reserve forces for the purpose of evading the reserve forces training by modifying the date of issuance of cans file, patient name, etc., and revised the can files using a cell phone from “D” dormitory located in C at the macroscam on May 8, 2019 to the date of diagnosis, the date of publication, and the patient name “A,” etc. by using a cell phone from “D” dormitory located in C at macroscam on June 13, 2017. < Amended by Presidential Decree No. 23568, May 8, 2019>

When the Defendant applied for the second supplement (15-year training) of the East America that was conducted from May 8, 2019 to May 9, 2019 without having received medical treatment or received a medical certificate on the same day, he/she filed an application for the postponement of training for the reserve forces by the same method 10 times in total from the time on November 4, 2019, by submitting the said medical certificate to the reserve forces by mobile facsimile, and submitting it to the reserve forces operation unit by the same method as shown in the attached list of crimes.

Summary of Evidence

1. Application of Acts and subordinate statutes to the accused's statutory statement, accusation statement, criminal fact confirmation document, application for mobilization and postponement of education and training of the reserve forces, medical certificate copies, investigation report on the reserve forces organized card (Attachment of medical certificate) and investigation report (B telephone communications);

1. Article 15 (11), Articles 5 (2), and 6 (3) of the Act on the Punishment of Criminal Crimes and the Selection of Punishment for Reserve Forces, Articles 15 (11), 5 (2), and 6 (3)

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. In light of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the crime is not good, the crime is committed during the period of probation, or the crime is a dual offense.