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(영문) 울산지방법원 2013.11.19 2013고정1072

향토예비군설치법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a member of the homeland reserve forces belonging to the Ulsan Nam-gu National Reserve Forces.

1. On August 16, 2012, the Defendant received a notice of call-up for homeland reserve forces training in the name of the third unit commander of the 7765 unit unit of the Army, which caused “the carried-over supplementary training in 2012,” which was conducted at the training place for the Ulsan-gu Reserve Forces in the area of the Defendant’s residence in Ulsan-gu, Ulsan-gu. On August 16, 2012. On August 31, 2012, the Defendant received a notice of call-up for homeland reserve forces training in the name of the third unit commander of the 7765 unit of the Army, which was conducted at the training place for the Ulsan-gu Reserve Forces.

However, the defendant was unable to participate in the above training without any justifiable reason.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant Article 15 (9) 1 and Article 6 (1) of the Establishment of Homeland Reserve Forces Act, the selection of fines for the crimes, and the selection of penalties;

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 of the provisional payment order;