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(영문) 대구지방법원 2014.06.26 2014고단2203

향토예비군설치법위반

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

The defendant shall have a duty to receive a muster notice as a homeland reserve force member and receive the training thereof.

1. The Defendant’s refusal to receive a notice of call-up for training of homeland reserve forces on July 29, 2013, around July 26, 2013, the Defendant: (a) B, the commander of the household reserve forces B, the commander of the household reserve forces B, the B, the B, the commander of the household reserve forces B, from July 29, 2013 to July 29, 2013.

8.2. The first final supplementary training call notice to be issued up to 2.5 was sent to a third party on the ground that the latter is defective, and the latter refuses to receive the call without good cause.

2. On October 14, 2013, the Defendant was absent from the training of the homeland reserve forces on September 26, 2013, the Defendant failed to undergo the said training without justifiable grounds even after receiving the notice of convening the training of the reserve forces under the name of the head of the 50 volunteer group, who would result in the first supplementary training from the administrative soldiers of the 101 Dong-gu, Daegu Northern-gu, Daegu, 101 and 402, and from October 14, 2013 to October 17, 2013, from the administrative soldiers of the 2nd volunteer group of the reserve forces on September 26, 2013.

3. On November 13, 2013, the Defendant rejected the receipt of the notice of convening the call for training of homeland reserve forces on the ground that the receipt of the said notice is scheduled to be submitted without justifiable grounds, even though the Defendant received the notice of convening the call for training by type of the next half-year period, from the administrative soldiers in the foregoing paragraph (2) on or around October 24, 2013 and around October 25, 2013, and from November 13 through December 22, 2013, from the administrative soldiers in the foregoing paragraph (2) on or around November 13, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. A written accusation;

1. Organization cards of the reserve forces;

1. Application of the Acts and subordinate statutes governing the refusal to receive training notices, analysis data, content certification, photographs of the suspect, and text messages to the accused, and examination records of the suspect;

1. Article 15 (10) of the Establishment of Homeland Reserve Forces Act (the point of refusal for receipt by each person), Articles 15 (9) 1 and 6 (1) of the Establishment of Homeland Reserve Forces Act for the criminal facts;

1. The Criminal Act among concurrent crimes.