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(영문) 서울북부지방법원 2017.04.26 2017고단368

향토예비군설치법위반

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The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant did not undergo the above training without justifiable grounds, even though he received a second supplementary training for six hours on March 7, 2016, which was conducted on March 22, 2016.

2. According to the statement of the certificate of confinement (ex officio), it is recognized that the defendant was detained on March 9, 2016 and has been confined to the prison until now, and that there was no way to participate in the above training since the defendant was detained at the time of the above training. According to these circumstances, the defendant has justifiable grounds for not undergoing the above training, and there is no other evidence to prove that the defendant did not undergo the training without justifiable grounds.

Therefore, the facts charged in this case constitute a case where there is no proof of crime, and thus, a judgment of innocence is rendered after Article 325 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.