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(영문) 의정부지방법원 2013.07.25 2013고단266

향토예비군설치법위반

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is a local reserve member belonging to the Cuk-si in Namyang-si.

[Judgment of the court below]

1. On November 8, 2012, around 12:39, the Defendant received a notice of call-up for homeland reserve forces training in the name of the second unit commander of the 3879 unit of the Army, which was conducted at the training site for the entire homeland reserve forces, in the name of the two units of the 3879 unit of the 2 unit commander of the 3879 unit of the Army, namely, the Defendant’s house located in D, 107 Dong 1101 (E apartment), and the Defendant would undergo supplementary training for the fourth unit of the homeland reserve forces.

However, the defendant did not receive the above training without justifiable grounds.

2. On November 22, 2012, the Defendant received directly a notice of call-up for homeland reserve forces training in the name of the second unit commander of the 3879 unit 2 unit commander of the Army, which caused the five-year carried-over supplementary training conducted at the training place of the Gunam-do Reserve Forces.

However, the defendant did not receive the above training without justifiable grounds.

3. On November 23, 2012, the Defendant received the notice of call-up of homeland reserve forces training in the name of the second unit commander of the 3879 unit of the Army, which was conducted at the training place of the homeland reserve forces in the Republic of Korea on the date, time, place, and November 23, 2012.

However, the defendant did not receive the above training without justifiable grounds.

[2013 Highest 1352]

4. Around 17:03 on February 22, 2013, the Defendant did not undergo the above training without justifiable grounds even though he received a notice of call-up for homeland reserve forces training in the name of the second unit commander of the 3879 unit in the Army, which would result in the carried-over training conducted in F on March 4, 2013 (hereinafter referred to as “10th unit training”) at the training site for the Namyang-si Reserve Forces on March 4, 2013. The Defendant did not undergo the above training without justifiable grounds even when he received a notice of call-up for homeland reserve forces training from an administrative soldier.