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(영문) 광주지방법원 2020.04.21 2019고단4708

예비군법위반

Text

Defendant shall be punished by a fine of 200,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the homeland reserve forces belonging to the 1st Myun-dong, the 6753 unit in the Army.

1. On September 3, 2019, the Defendant received a notice of call for the training of homeland reserve forces from the first unit commander of the 6753 Army on September 17, 2019 to the 24 hours from September 19, 2019, and did not receive the said training without justifiable grounds.

2. On September 3, 2019, the Defendant received a notice of call-up for the training of homeland reserve forces from the first unit commander of the 6753 Army on September 27, 2019, to receive six hours for the second supplementary training from the first unit commander of the 6753 Army on September 27, 2019, but did not undergo the said training without justifiable grounds.

Summary of Evidence

1. Notice of a crime in violation of the reserve forces and criminal record;

1. Application of Acts and subordinate statutes on a muster notice and a reserve force organized card;

1. Article 15 (9) 1 and Article 6 (1) of the Reserve Forces Act, the selection of applicable laws to facts constituting an offense and punishment, and the selection of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the judgment in which the defendant is absent under Article 334(1) of the Criminal Procedure Act

1. Article 19 of the Procedure Act provides that “The provisions of the Criminal Procedure Act shall apply mutatis mutandis to the procedure of a summary trial unless otherwise provided by this Act in the procedure of a summary trial.”

Meanwhile, in case where the defendant who has requested a formal trial on the date of trial in progress due to a formal order, fails to appear, the new date shall be fixed, and where the defendant fails to appear in the court on the new date without justifiable grounds, a judgment may be rendered without the defendant's statement

(Article 458(2) and Article 365 of the Criminal Procedure Act). Furthermore, in a case where only the defendant requests formal trial and a judgment is pronounced, a judgment may be pronounced without the attendance of the defendant.

(Article 277, No. 4 of the Criminal Procedure Act).