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(영문) 창원지방법원 통영지원 2013.10.15 2013고단608

향토예비군설치법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is the member of the homeland reserve forces belonging to Dong Young-si.

1. Around 14:20 on May 23, 2013, the Defendant did not undergo training without justifiable grounds despite having received a notice of a call-up for training in the name of the first unit commander of the Army, 8358 military units, which was sent from the office of the Defendant C at Dong-si, to undergo the second supplementary training on June 10, 2013.

2. Around 14:20 on May 23, 2013, the Defendant did not undergo training without justifiable grounds despite having received a notice of a call-up for training in the name of the 1st unit commander of the Army, which was sent to undergo the second supplementary training on June 11, 2013 at the place indicated in the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Application of the receipt of each notice of call for education to the statutes;

1. Relevant provisions of the Acts and the choice of punishment for the crimes, and Articles 15 (9) 1 and 6 (1) of the Establishment of Homeland Reserve Forces Act, and the choice of imprisonment for the crimes;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of the fact that the defendant reflects on his gender);