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(영문) 부산지방법원 2016.04.08 2014고단9432

향토예비군설치법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On July 4, 2014, on June 23, 2014, the Defendant violated the Act on the Establishment of Local Reserve Forces, issued a notice of call for training of local reserve forces in the name of the seventh unit commander of the 6339 unit unit of the 7th unit of the 6339 unit in the Army, which caused the training of local reserve forces conducted in the unit of the 6339 unit of the 7 unit unit of the 639 unit of the 639 unit of the 639 unit to the 1st unit of the 6339 unit in the 1st unit of the 193 unit located in

However, the defendant did not receive the above training without justifiable grounds.

2. On July 11, 2014, the Defendant, who violated the Act on the Establishment of Local Reserve Forces, was issued a notice of convening a drill for local reserve forces under the name of the 7th unit commander of the 6339 unit unit of the 6339 unit of the 7th unit of the 6339 unit at the time and place specified in paragraph (1) on July 11, 2014.

However, the defendant did not receive the above training without justifiable grounds.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes governing a written accusation and a notice of convening training;

1. Relevant Article 15(9)1 and Article 6(1) of the Act on the Establishment of Local Reserve Forces (wholly amended by Act No. 12791, Oct. 15, 2014); - Selection of a fine (which has many records of being punished for the same type of crime, but has no record of being punished by a fine or heavier, and is deemed to have received training at issue after the accusation, etc.)

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;