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(영문) 서울동부지방법원 2018.06.28 2018고단965

예비군법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant, who committed a crime on November 14, 2017, received a notice of convening a training call to undergo secondary supplementary training conducted at the training site of the Geumdong-gu Seoul Metropolitan Government on November 3, 2017, and from November 14, 2017 to November 17, 2017, he/she did not undergo the said training without justifiable grounds, even though he/she received a notice of convening a training call to undergo the secondary supplementary training conducted at the training site of the Geumdong-gu Reserve Forces.

2. The Defendant, who committed the crime of November 30, 2017, received a notice of convening a training call to undergo secondary supplementary training conducted at the training site of the Geumdong Reserve Forces on November 22, 2017 and around November 30, 2017, but did not undergo the above training without justifiable grounds.

3. On December 1, 2017, the Defendant did not undergo the above training without justifiable grounds, even though he received a notice of convening a training call to undergo the second supplementary training (16-year carried forward) conducted at the training site of the Geumdong Reserve Forces around November 22, 2017, and around December 1, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to issue a written request for each accusation, notification of violations of the laws of the respective reserve forces, each written confirmation for delivery of each notification, each receipt, and each notification recipient;

1. Article 15 of the Act applicable to the facts constituting an offense and Articles 15 (9) 1 and 6 (1) of the Act of the reserve forces selected to commit a crime;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The circumstances in which the defendant has been punished five times for the same kind of crime: The following are taken into account: The defendant's age, sexual conduct, intelligence and environment, motive, means, consequence, etc. of the crime;