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(영문) 대구지방법원 김천지원 2016.09.01 2015고단629

향토예비군설치법위반

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant is a member of the reserve force organized in the Gumi-si spatrine.

1. On June 13, 2012, the Defendant, at the home of the Defendant’s head of the Si/Gu, B and 304 on June 13, 2012, sent a notice of call for carried-over training (the second supplement) in the name of the 1st unit commander of the 5837 unit in the Army, which was implemented at the training site of the Gu/Si/Gun reserve forces on June 26, 2012, did not participate in the said training without justifiable grounds.

2. On December 2012, 2012, the Defendant: (a) on March 29, 2013, on the ground that he/she did not report his/her residence to the Dong-gu Office, Daegu; (b) on March 29, 2013, the Defendant had his/her ex officio residence unknown registration.

3. On August 31, 2012, the Defendant, at around 18:10, was unable to participate in the above training without justifiable grounds even when the Defendant directly received a muster notice under the name of the 1st unit commander of the Army, which was implemented at the training site of the Gu-Si Reserve Forces on September 13, 2012, from among the reserve forces consisting of the Gu-Si Mami-si Mami-si (the second supplement).

4. On October 15, 2012, the Defendant, at around 15:00 on October 12, 2012, was unable to participate in the above training without justifiable grounds even after he/she received a muster notice on the carried-over supplementary training (the second supplement) in the name of the first unit commander in the Army, which was implemented at the training site of the Gu and Si reserve forces on October 22, 2012.

5. On October 12, 2012, the Defendant, at around 17:00, failed to participate in the above training without justifiable grounds even when he/she directly received a notice of call-up under the name of the first unit commander of 5837 units of the Army, which was implemented at the training site of the Si/Gu, from October 25, 2012 to October 26, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of crimes against the Establishment of Homeland Reserve Forces, certificates of crimes, written confirmations by the sender of notices, receipt of notices, written request for registration of unknown domicile, etc.;

1. Application of Acts and subordinate statutes to report on investigation (verification of matters under question of the other party of a suspect);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime; and