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(영문) 인천지방법원 2012.10.24 2012고단9707

향토예비군설치법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant is a member of the homeland, and is a believers of religious organizations B.

On July 10, 2012, at around 14:37, the Defendant received a notice of convening the homeland reserve forces training under the name of the first unit commander of the 7873 unit of the Army, which caused the second supplementary training at the training site for the new airspace village in Seo-gu Incheon, Seo-gu, Incheon, to undergo the second supplementary training at the training site for the entire term, from the Defendant’s house located in 302, Seo-gu Incheon, Seo-gu, Incheon, and on July 20, 2012, a notice of convening the homeland reserve forces training in the name of the first unit commander of the 7873 unit of the Army, which caused the second supplementary training at the same training site, through the Defendant’s father.

Nevertheless, without good cause, the Defendant did not undergo the second supplementary training for the first half of July 18, 2012 and the second second supplementary training for the second half of July 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. Application of the Acts and subordinate statutes on each accusation, each receipt of each muster notice, each registered mail delivery details, and each homeland reserve forces organized card;

1. Relevant provisions of the Acts and the choice of punishment for the crimes, and Articles 15 (9) 1 and 6 (1) of the Establishment of Homeland Reserve Forces Act;

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. Article 334(1) of the Criminal Procedure Act provides that the defendant has been punished several times for the same kind of crime. However, considering the characteristics of the crime of this case in light of the characteristics of the crime of this case, it seems that it would be harsh to strictly punish the defendant under the unfavorable circumstances, and that the defendant faithfully lives in a social life, etc., a sentence is imposed as ordered by taking into account the conditions of sentencing as shown in the argument of this case.