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(영문) 서울남부지방법원 2016.08.09 2016고단1104

향토예비군설치법위반

Text

A defendant shall be punished by imprisonment for not less than three months.

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

Reasons

Punishment of the crime

As a member of the local reserve forces, the defendant

1. On May 8, 2015, the Defendant’s house located in Geumcheon-gu Seoul Metropolitan Government, was sent a notice of convening a training call in the name of the third commander of the 7688 Army that would undergo a training course (two-hour hours) conducted at the time of Ansan-si, Ansan-si on May 18, 2015, but did not undergo training without justifiable grounds.

2. On May 8, 2015, the Defendant did not undergo training without justifiable grounds even after receiving a notice of convening a training call in the name of the third unit commander of the 768th unit of the Army, which was conducted at the Defendant’s home on May 19, 2015 at the Ansan-si Park Hayang-si on May 19, 2015.

3. Around June 2015, Geumcheon-gu, Seoul, which was the original residential area, moved to a place where the residence is unknown. In such cases, the members of the local reserve forces, despite the fact that the members of the local reserve forces should report to the competent community service center, did not report the move of a training call to the competent community service center and did not report the move of the place of residence to the public service center on September 30, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Abstract of resident registration, a certified copy of each resident registration, a family relation certificate, a removed copy, a notification of a violation of the Act on the Establishment of Local Reserve Forces, a receipt of a notice of convening a training course, a delivery of each notice, a letter of confirmation, a letter of character of a local reserve force,

1. Relevant legal provisions concerning criminal facts;

(a) Point of failure to participate in each training: Article 15 (9) 1 and Article 6 (1) of the Act on the Establishment of Local Reserve Forces;

(b) Point of failure to report the relocation of residence: Articles 15 (2) and 6-2 of the Act on the Establishment of Local Reserve Forces, Article 10 of the Resident Registration Act;

1. Selection of each sentence of imprisonment;

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 reason for sentencing under Article 62(1)(i) of the Criminal Act of the suspended sentence (the scope of the recommended sentence according to the sentencing guidelines) is an offense for which the sentencing guidelines are not set. The scope of the sentenced sentence under the Act: one month to four years.