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(영문) 창원지방법원 마산지원 2016.10.11 2016고단844

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 of "2016 Highest 844" is a person organized as a member of the homeland reserve forces belonging to the Korean Army No. 5870 Unit B, which belongs to the Korean Army.

On July 1, 2015, the Defendant, at around 17:20, sent a notice of a call-up for training in the name of the commander of the above unit, who would undergo the second supplementary training conducted at the training site of the 6th unit of the 5870 Army on July 17, 2015, the Defendant was unable to participate in the training five times from that time until September 15, 2015, as shown in the list of crimes committed in the attached Table, from the time to September 15, 2015.

On December 1, 2015, the defendant, "2016 Highest 864", was registered as a member of the homeland reserve forces on December 1, 2015, because he/she failed to make a move-in report to the competent authority within 14 days, even though he/she had to move-in report to the competent authority within 14 days, if he/she moved to the place of residence under Article 402 of the Masan-si D Building 402, Changwon-si, Changwon-si.

Summary of Evidence

"2016 Highest 844"

1. Defendant's legal statement;

1. Each accusation book and each notice of call-up "2016 Highest 864";

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes for investigation report (explic investigation-explication time of suspect's residence, etc.);

1. Relevant Articles 15 (9) 1 and 6 (1) of the Establishment of Homeland Reserve Forces Act, Articles 15 (2) and 6-2 of the Establishment of Homeland Reserve Forces Act, the selection of punishment for the crime, and the selection of imprisonment with prison labor for each of the following items:

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 (it shall be taken into account that the crimes of this case are reflected in the crimes of this case, and that there is no record of punishment heavier than that of the suspended execution);