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(영문) 창원지방법원 통영지원 2012.06.22 2011고단986

향토예비군설치법위반

Text

A person shall be punished by imprisonment with prison labor for not less than six months against the crimes of Articles 2 and 3.

Of the facts charged in this case, the first crime is against the judgment.

Reasons

Punishment of the crime

On June 29, 2011, the Defendant appealed for a suspended sentence of two years for a violation of the Establishment of Homeland Reserve Forces Act in the Changwon District Court’s territorial branch branch on the grounds of the violation of the Establishment of Homeland Reserve Forces Act. However, the lower court rendered a decision dismissing an appeal and subsequently dismissed the said reappeal, which became final and conclusive on November 3, 201 as it became final and conclusive.

[2011 Highest 986]

1. The Defendant is a member of the homeland reserve forces. On June 20, 201, around 21:30, the Defendant was issued a notice of convening the homeland reserve forces training in the name of the third unit commander of the 8358 military forces unit in the name of the Republic of Korea and the third unit commander of the 8358 military forces unit, which caused the carried-over training for 40 hours at the training site of the homeland reserve forces located in Suwon-si, Suwon-si, Daejeon-si, and from July 11, 201 to July 15, 201, but failed to undergo the said training without justifiable grounds.

[2012 Highest 75]

2. The Defendant was a member of the homeland reserve forces, and was issued a notice of call-up for the training of the homeland reserve forces in the name of the third unit commander in the name of the 8358 unit commander, which was conducted at the place of residence of the Defendant around October 21, 201, and the place of the second supplementary training conducted at the place of the comprehensive training of the homeland reserve forces located in the Dong-si and Dong-si on November 14, 201, but did not undergo the said training without justifiable grounds.

[2012 Highest 458]

3. On March 2, 2012, the Defendant was a member of the homeland reserve forces, and on March 2, 2012, at around 20:13, the Defendant was issued a notice of call for the training of the homeland reserve forces in the name of the third unit commander of the 8358 military forces and the third unit commander of the 8358 military forces, which caused the second supplementary training conducted at the comprehensive training site of the homeland reserve forces located in the same time as the Defendant’s residence on March

Summary of Evidence

1. Partial statement of the defendant;

1. Each accusation;

1. A certified copy of each notification delivery certificate, each notification receipt, each organization card of homeland reserve forces, and each resident registration;

1. Previous records before ruling: Application of Acts and subordinate statutes, such as each criminal history record, and investigation reports (No. 11 of the evidence lists of 2012 Highest 458 incidents);

1. Article 15 of the Establishment of National Reserve Forces Act, which is applicable to the relevant criminal facts and to select punishment;