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(영문) 대구지방법원 2013.05.15 2013고정519

향토예비군설치법위반

Text

Defendant shall be punished by a fine of 250,000 won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On April 25, 2013, the Defendant was sentenced to one year of imprisonment with prison labor and three years of suspended execution at Seoul High Court on April 25, 2013, which became final and conclusive on May 2, 2013.

The Defendant, as a member of the homeland reserve forces, failed to undergo the training call in the name of the fourth unit commander of unit 8251 in the Army, with the purport that the Defendant would undergo a supplementary training under the name of the latter half-year period from November 13, 2012 to November 16, 2012, through wife C, at the Defendant’s house located in Nam-gu, Daegu-gu, Daegu-gu, Seoul-gu, through wife C, from November 13, 2012 to November 16, 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Reporting on investigation (in case of Dern investigation to which a suspect belongs);

1. Previous records: Application of Acts and subordinate statutes to inquiries by the accused, such as his/her legal statement and criminal history records, references to inquiry reports, previous records of disposition, results of confirmation, copies of indictment, and prosecution and forwarding;

1. Relevant legal provisions and Articles 15 (9) 1 and 6 (1) of the Establishment of homeland reserve forces to choose a punishment on the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 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;