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(영문) 수원지방법원 안양지원 2016.03.24 2015고단1668

향토예비군설치법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2015 Highest 168] The defendant is a member of the local reserve forces, and from the defendant's house located at the time of Mapo-si, Si, Mapo-si, 104 Dong 305 on June 5, 2015 to the same year

7. On January 13, 198, a local reserve forces notice of convening the education and training in the name of 2506 unit commander of the Army, which caused the second supplementary training conducted in the 2nd unit of the 2nd unit of the 2nd Army, was received and did not attend the above training without justifiable grounds.

[2016 Highest 228] On November 11, 2015, the Defendant was unable to participate in the above training without justifiable grounds even though he received a notice of convening a local reserve force on the fourth unit commander’s name in the 2506 unit commander’s name to attend a basic training (the second supplement) conducted at the training site of the said Defendant’s home around November 27, 2015.

Summary of Evidence

[2015 Highest 1668]

1. Statement by the defendant in court;

1. A written statement of the sender of a notice of call-up for production D or E;

1. Notification of a crime in violation of the Act on the Establishment of Local Reserve Forces, a certificate of criminal fact, a receipt of a muster notice, and an organization card of local reserve forces [28 fixedest 228];

1. Statement by the defendant in court;

1. Part concerning the statement E in the second interrogation protocol against the accused in the prosecutor's office

1. A written statement of the sender of a notice of call-up for production F or E;

1. Notification of a violation of the Act on the Establishment of Local Reserve Forces, a criminal fact confirmation, summary of facts, receipt of muster notice, and application of statutes governing the organization card of local reserve forces

1. Article 15 (9) 1 and Article 6 (1) of the Act on the Establishment of Local Reserve Forces under the relevant Act on the Establishment of Local Reserve Forces concerning an offense;

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 62 (1) of the Criminal Act suspended execution (see, e.g., Article 62 (1) of the Criminal Act that the defendant led to the confession of each of the crimes in this case);