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(영문) 광주지방법원 2017.01.12 2016고단4071

향토예비군설치법위반

Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

Members of the local reserve forces shall not receive training without justifiable grounds, and the defendant is a member of the reserve forces belonging to the two units of dispatch.

1. On June 11, 2016, around 18:00, the Defendant received a notice of convening a training under the name of the commander of the Army, 6753, stating that he/she would undergo the second supplementary training (24 hours) conducted at the training site of the first unit unit 6753, which was conducted at the comprehensive reserve forces training site of the 1st unit of the 6753 Army, from June 201 to June 22, 2016, at around 18:0, the Defendant received a notice of convening a training under the name of the 6753 unit commander.

However, the defendant did not receive the above training without justifiable grounds.

2. On June 15, 2016, at the place specified in paragraph (1) around 18:00, the Defendant received a second supplementary training (six hours) conducted at the training site for the first unit of the 6753 Army on June 23, 2016 and received a second supplementary training (six hours) conducted at the training site for the first unit of the 6753 unit of the 6753 unit of the Army on June 24, 2016. On June 24, 2016, the Defendant directly received a notice of convening a training under the name of the 6753 unit commander of the 6753 unit of the Army, stating that he/she would undergo second supplementary training (one first supplementary training) training (six hours) training at the comprehensive training site for the first unit of the 6753 unit of the 6753 unit of the Army.

However, the defendant did not receive the above training without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecutor with respect to the prosecution;

1. Statement made by the police on the police;

1. A written statement;

1. Police seizure records;

1. Medical certificates and death certificates;

1. Accusation, notification of a violation of the Act on the Establishment of Local Reserve Forces, and criminal fact confirmation;

1. Application of Acts and subordinate statutes to a copy of receipt of each call notice;

1. Relevant Articles 15 and 15 (9) and 6 (1) of the Act on the Establishment of Local Reserve Forces for the Establishment of Acts and Subordinate Statutes concerning facts constituting an offense;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act are both fines and imprisonment for a violation of the Military Service Act in 2009 and 2010.