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(영문) 서울동부지방법원 2015.04.09 2015고단474

향토예비군설치법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Although the Defendant received a notice of convening a call for training of the reserve forces in the name of the second unit commander of the 3298 military unit in the army, in which he/she directly receives the notice of convening a call for training of the reserve forces in the name of the second unit commander of the 3298 military unit for six hours on May 19, 2014 from the defendant's house located under B underground 102 of Seongdong-gu Seoul Metropolitan Government around April 29, 2014, the Defendant did not receive training for the reserve forces for 14 times in total from around that time to November 20, 2014 without justifiable grounds, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of each statute on a written accusation;

1. Article 15 (9) 1 and Article 6 (1) of the former Establishment of Homeland Reserve Forces Act (Amended by Act No. 21791, Oct. 15, 2014);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration, such as the fact that there are previous previous criminal records of a fine, and that the reserve forces will faithfully attend the training);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;