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(영문) 대구지방법원 2017.04.14 2016고단4412

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 21, 2014, the Defendant was sentenced to a suspended sentence of four months for a violation of the Act on the Establishment of Local Reserve Forces in Daejeon District Court, and the judgment became final and conclusive on May 29, 2014.

The Defendant, “2016 Highest 4412, the Defendant,” was a member of the local reserve forces belonging to B, and the head of the Eup/Myeon having jurisdiction over his/her place of residence on April 30, 2014, the Defendant was unable to deliver a notice of call for training on the ground that he/she was unable to file a report with the head of the Eup/Myeon having jurisdiction over his/her place of residence on April 30, 2014, on the ground that he/she was unable to file a report without justifiable grounds, even though he/she

The Defendant, as a member of the local reserve forces belonging to B, of the 2016 Highest 4610 Republic of Korea, was the Defendant, on November 7, 2013, at around 18:00, received a notice of convening a training in the name of the fifth unit of the 7516 unit of the 5th unit of the 5th unit of the 5th unit of the 7516 unit of the Army, which was conducted in the 7516 unit of the 7516 unit of the 5th unit of the 5th unit of the 5th unit of the 13th unit of the 7516 unit of the 5th unit of the 5th unit of the 5th unit of the 5th unit of the 7516 unit of the 2013 unit,

Summary of Evidence

1. A previous conviction: A written inquiry about criminal history, a report on the result of confirmation of the previous conviction before and after the disposition;

1. Statement by the defendant in court;

1. A written accusation;

1. Notification of a crime against the Act on the Establishment of Local Reserve Forces, a certificate of a crime, the details of issuance of a duplicate, and a certificate of organization of the local reserve forces [2016 ancient Order 4610];

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to a charge, notification of violations of the Act on the Establishment of Local Reserve Forces, and written confirmation;

1. Article 15(2), Article 15(9)1, and Article 6(1) of the Act on the Establishment of Local Reserve Forces and the former Establishment of Local Reserve Forces (Amended by Act No. 12791, Oct. 15, 2014; Act No. 12791, Oct. 15, 201); the choice of imprisonment for a crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;