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(영문) 대구지방법원 2016.12.06 2016고단4409

향토예비군설치법위반

Text

1. The defendant shall be punished by imprisonment for four months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. The Defendant, as the homeland reserve forces around June 27, 2016, was served with the notice of call for the training of the homeland reserve forces in the name of the second commander of the 8251 unit of the Army, which was sent to the 1421 unit of the Army located in Daegu Dong-gu B apartment, 108 Dong-gu, 1203 Dong-gu, and from July 6, 2016 to July 8, 2016, and the second unit of the 8251 unit of the Army located in the 1421 unit of the same month, did not undergo the above training without justifiable grounds.

2. The Defendant, as the homeland reserve forces around July 8, 2016, failed to undergo the above training without justifiable grounds despite having received a notice of a call-up for the training of the homeland reserve forces in the name of the second unit commander of the Army 8251 unit in the name of the 2nd unit commander of the Army, which caused the second supplementary training in the Army from July 19, 2016 to July 22, 2016, from July 19, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. The application of each accusation book, each notice of the violation of the Establishment of Homeland Reserve Forces Act, each criminal fact record, each written delivery of each notice, each receipt of the notice of call-up for training, each homeland reserve forces organization card, and each certified copy of the statutes

1. Relevant provisions of the Acts and the choice of punishment for the crimes, and Articles 15 (9) 1 and 6 (1) of the Establishment of Homeland Reserve Forces Act;

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;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act - The reason for sentencing is reflectivity, absence of a sentence of suspension of execution or more - Unfavorable circumstances: The defendant's age, character and conduct, health conditions, home environment, motive, means, consequence, circumstance after the crime, etc. - Other factors for sentencing specified in the records of this case are considered all together.