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(영문) 수원지방법원 성남지원 2017.03.28 2016고단1661

향토예비군설치법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a member of the local reserve forces belonging to Taiwan-gu Seoul metropolitan area of 170, Sungnam-si, Sungnam-si.

[2016 order 1661]

1. On March 25, 2016, the Defendant issued a notice of convening a training call in the name of the third unit commander of the 3879 unit in the Army, which was “as of April 14, 2016, at the training site of the Sung-nam Reserve Forces located in Seongbuk-gu, Seongbuk-gu, Sungnam-si, Sungnam-si” at the Defendant’s house located in Sungnam-si, Sungnam-si, Seoul-si, the Defendant did not undergo the training without justifiable grounds.

2. On March 25, 2016, the Defendant received a notice of convening a training call in the name of the third unit commander of the 3879 military unit in the Army, on the following occasions: “On April 15, 2016, the Defendant received six-hour extension training at the training site for the aforementioned Seongbuk-nam Reserve Forces on April 15, 2016” from the above Defendant’s office, but did not undergo the said training without justifiable grounds.

3. On March 25, 2016, the Defendant received the training call notice from the above Defendant’s office to “from April 20, 2016 to April 21, 2016, to undergo training for 16 hours a day from the training site of the said Sungnam Reserve Forces for 16 hours at the training site of the said Sungnam Reserve Forces for 16 hours,” but did not undergo the said training without justifiable grounds.

4. On April 15, 2016, the Defendant: (a) at the above Defendant’s home, “from April 25, 2016 to April 28, 2016, to undergo training for 30 hours in the training site of the said Sungnam Reserve Forces for 4 hours from April 25 to April 28, 2016; (b) received a notice of convening training in the name of the third unit commander of the 3879 Army, but did not undergo the said training without justifiable grounds.

[2017 Highest 261]

1. On October 26, 2016, the Defendant issued a muster notice under the name of the third unit commander of the 3879 unit in the Army, stating that “I will attend the second supplementary training conducted at the training site of the Sung-nam Reserve Forces located in Sung-nam-si from November 7, 2016 to October 10 of the same month” at the Defendant’s house located in Sung-nam-gu Seoul Special Metropolitan City, Sungnam-si, and that “I will attend the second supplementary training,” but did not undergo the above training without justifiable grounds.

2. The Defendant: “from November 21, 2016 to December 22, 201” at the same date and place as paragraph 1.