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(영문) 대전지방법원 2015.11.25 2015고단3414

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

Criminal facts

On November 5, 2014, the Defendant was sentenced to a fine of 500,000 won for the violation of the Establishment of Homeland Reserve Forces Act in the Daejeon District Court on November 5, 2014 and had three same punishment records.

On February 28, 2014, the Defendant received a notice of convening the homeland reserve forces training in the name of the head of Daejeon East-gu, Daejeon-gu, Daejeon-gu, on March 12, 2014, and received the second supplementary training conducted at the reserve forces training site in the Daejeon-gu, Daejeon-gu, Daejeon-gu, and around March 13, 2014, and the second supplementary training conducted at the reserve forces training site in March 13, 2014, and received the notice of convening the homeland reserve forces training in the name of the defendant's mother C, but did not receive the said training, respectively, without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the notification of crimes violating the Establishment of Homeland Reserve Forces, a written notification of call-up, a written notification of call-up, a notice of receipt and delivery, the organization card of homeland reserve forces

1. Relevant Article 15 (9) 1 and Article 6 (1) of the Establishment of Homeland Reserve Forces Act, the choice of punishment for the crime, and the selection of imprisonment;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act, even though the defendant was punished three times by a fine for the same kind of crime, the punishment for the crime of this case is not minor; however, the defendant is not guilty of committing the crime of this case, and there is no record of criminal punishment heavier than a suspended sentence, and the punishment is determined as ordered by taking into account all the factors of sentencing as shown in the argument of this case, including the background of the crime of this case, circumstances after the crime of this case, the age, character and conduct of the defendant, family relationship, family relation, etc.