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(영문) 수원지방법원 2014.07.23 2014고단1778

향토예비군설치법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the member of the homeland reserve forces belonging to the Republic of Korea-U.S. Barun-si.

1. Around 16:00 on February 18, 2014, the Defendant received a notice of a call-up for training in the name of the third unit commander of the 5171 unit of the Army, which would result in eight hours of basic training conducted at the reserve forces training site located in the location of the wife population, on March 13, 2014, from the 03rd unit of the 5171 unit of the Army, from the 16:03rd unit of the 5171 unit of the Army, without justifiable grounds.

2. On March 14, 2014, the Defendant received a notice of a call-up for training in the name of the third unit commander of the 5171 military unit in the Army, which caused eight hours of basic training conducted at the reserve forces training site located in the Round of the Sin-si, Chungcheongnam-si on March 14, 2014, and did not undergo the said training without justifiable grounds.

3. On March 20, 2014, the Defendant received a notice of a call-up for training in the name of the third commander of the 5171 military unit in the Army, which caused six hours to be conducted at the training site of the reserve forces located in the Round-dong, Young-si on March 20, 2014, and did not undergo the said training without justifiable grounds.

4. On March 21, 2014, the Defendant received a notice of a call-up for training in the name of the third commander of the 5171 military unit in the Army, which caused six hours to be conducted at the training site of the reserve forces located in the Round of the Sin-si, Young-si on March 21, 2014, and did not undergo the said training without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Each accusation;

1. Application of Acts and subordinate statutes governing receipt certificates;

1. Relevant Article 15 (9) 1 and Article 6 (1) of the Establishment of homeland reserve forces Act, the selection of fines, and punishment against the crime;

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. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The defendant, as a witness of his state, has not received training for the reserve forces according to a religious conscience, which is one of the homeland reserve forces.