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(영문) 서울중앙지방법원 2014.11.26 2014고정2900

향토예비군설치법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On October 8, 2009, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended sentence for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Jung-gu District Court on October 8, 2009. The judgment became final and conclusive on October 16, 2009. On November 2, 2011, the Seoul Central District Court sentenced the Defendant to 4 months of imprisonment and 1 year of suspended sentence, and the judgment became final and conclusive on November 10, 201.

The defendant is the member of the homeland reserve forces belonging to the Gangnam-gu Seoul National Reserve Forces.

[2014 high-level 2900] On November 7, 2008, the Defendant received a notice of convening a reserve force education and training under the name of the second unit commander of the 2089 unit of the Army, which was carried forward to the third supplementary training conducted at the training site of the Gangnam-gu Seoul Special Metropolitan City Sadong, Gangnam-gu, Seoul, from No. 2008, Nov. 17, 2008 to Nov. 18, 2008.

Nevertheless, the Defendant did not undergo training on the designated date without justifiable grounds.

[2014 High Court Decision 2902]

1. On February 24, 2009, the Defendant, at the Defendant’s house located in Gangnam-gu Seoul Metropolitan Government CB03, was unable to participate in the training without justifiable grounds despite the receipt of a notice of a call-up for training in the name of the 2089 unit commander of the Army, which was conducted at the training site for the Gangnam-gu Reserve Forces located in Seocho-gu Seoul, Seoul, on March 4, 2009 and March 9, 2009.

2. At around 13:05 on March 30, 2009, the Defendant was unable to participate in the exercise without justifiable grounds despite receipt of the notice of a call-up for the training under the name of the second commander of the unit 2089 unit for the Army, which was conducted at the training site of the Gangnam-gu Seoul District Reserve Forces located in Seocho-gu Seoul on April 9, 2009 at the defendant's house located in Gangnam-gu Seoul Metropolitan Government CB03.

3. The defendant around 10:08 on April 28, 2009, conducted at the defendant's house located in Gangnam-gu Seoul Metropolitan Government CB03 on May 7, 2009 at the training site of Gangnam-gu reserve forces located in Seocho-gu Seoul on May 7, 2009.