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(영문) 부산지방법원 2018.07.16 2018고정759

예비군법위반

Text

Defendant shall be punished by a fine of 200,000 won.

If the above fine is not paid, 100,000 won shall be converted into one day.

Reasons

Punishment of the crime

Defendant

A is a person who was discharged from the Army on November 6, 2010 and was transferred to the reserve forces members of the local army at his domicile.

On November 28, 2016, the Defendant: (a) as a person subject to the first supplementary training for the next half of the training period on November 28, 2016; and (b) as a person subject to the said training, sent by the fourth unit commander of the 7508 unit, to participate in the said training, the Defendant was unable to deliver the said training notice because he/she was missing in his/her residence on the part of the Defendant’s resident registration.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant Articles 15 (2) and 6-2 of the Act and the selection of fines for criminal facts;

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

3. The fact that there is no record of punishment for the same kind of crime as the sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment, and the fact that a case similar to the crime of this case is claimed for adjudication, namely, the equity in sentencing, etc. shall be considered.

In addition to the above circumstances, the defendant's age, sex, environment, motive and background of the crime, circumstances after the crime, etc., and all the sentencing conditions during the process of the crime and the changes shall be determined as ordered by considering the following circumstances.