향토예비군설치법위반
Defendant shall be punished by a fine of one million won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Punishment of the crime
1. The defendant is a member of the homeland in the third supplementary training.
On March 11, 2013, the Defendant received a notice of a call-up for education and training in the name of 7376 commander of the Army, which called “12-year East America 339 Supplementary Training for the Third Supplementary Training for the Army,” which was conducted by 1, Seo-gu, Busan, Seo-gu, Busan, from March 25, 2013 to March 28, 2013 (30 hours) from 26-2, Seo-dong 1, Seo-gu, Busan, 2013, which was conducted in the fourth unit of 639, Seo-gu, Seo-gu, Busan. Nevertheless, the Defendant failed to undergo the said training without justifiable grounds. On March 11, 2013, the Defendant received a notice of call-up for education and training in the name of 2202, Seo-gu, Busan, Seo-dong 1, 2013, which was conducted in the name of 26-26-3639.
Nevertheless, the defendant did not undergo the above training without justifiable grounds.
Summary of Evidence
1. Partial statement of the defendant;
1. Application of the Acts and subordinate statutes to the copies of each accusation and each exercise notification;
1. Relevant Article 15 (9) 1 and Article 6 (1) of the Establishment of Homeland Reserve Forces Act, the selection of fines for the crimes and punishment therefor;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The Defendant asserts that the Defendant’s assertion of the provisional payment order under Article 334(1) of the Criminal Procedure Act is not guilty by falling under justifiable grounds under Article 15(9) of the Establishment of Homeland Reserve Forces Act to refuse training according to religious faith as a new witness.
The "justifiable cause" under Article 15 (9) 1 of the Establishment of Homeland Reserve Forces Act is, in principle, based on the existence of abstract military service and the recognition of the performance of the duty itself, and the reason that can justify the non-performance of the duty specified is not attributable to the non-performance of the duty, such as disease.