향토예비군설치법위반
The judgment of the court below is reversed.
A defendant shall be punished by a fine of 500,000 won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal that the court below rendered is unreasonable because the punishment (500,000 won in penalty) that the court below declared is too unhued.
2. Prior to the judgment on the grounds for ex officio appeal, according to the records of this case, the defendant was sentenced on May 20, 2015 to imprisonment with prison labor for a violation of the Act on the Establishment of Local Reserve Forces at the Jung-gu District Court on May 20, 2015, and on August 24, 2015, and the judgment became final and conclusive on August 24, 2015. Thus, the crime of each judgment of the court below against the defendant and the violation of the Act on the Establishment of Local Reserve Forces established in the judgment of the court below against the defendant constitutes concurrent crimes under the latter part of Article 37 of the Criminal Act, and the crime of violation of the Act on the Establishment of Local Reserve Forces established in the court below should be sentenced to punishment for each crime under the judgment of
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.
[Re-written judgment] Criminal facts and summary of evidence acknowledged by this court and summary of evidence were the first head of the lower judgment’s criminal facts. “The Defendant was sentenced to six months of imprisonment with prison labor and one year of suspended execution on May 20, 2015, and became final and conclusive on August 24, 2015 on the ground that he/she violated the Act on the Establishment of Local Reserve Forces at the Jung-gu District Court.
In addition, “A certificate of receipt of non-military education and training notification” in the summary of the evidence shall be corrected as “a certificate of receipt of each reserve force education and training call”, and “a copy of each judgment in the summary of the evidence” shall be added as stated in the corresponding column of the judgment of the court below, except for the addition of “a copy of each judgment [the text of Supreme Court Decision 2015Do8405 Decided 2015Do838, 2627 (Joint)], Gu Government District Court Decision 2014Da1499 Decided 2014, Ji Government District Court Decision 2014 Godan2427 [the sentence]. Therefore, the Criminal Procedure Act shall apply.