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(영문) 서울동부지방법원 2016.08.09 2016고정1144

향토예비군설치법위반

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

As a member of the local reserve forces, the defendant

1. On February 15, 2016, at the office of the Committee on Management of B Election, a notice of convening a training call in the name of the 3298 unit commander of the Army, which was sent to that effect that he/she would receive secondary supplementary training (2 hours) for the entire period of the extension of the training course conducted by Fegles training site on March 8, 2016 from Fegles C, from Fegles C, without good cause, without undergoing the said training, even though he/she received the notice,

2. On March 10, 2016, at the time, at the same time and place as Paragraph 1, a notice of a call for training in the name of the first unit commander of the 3298 Army that he/she would undergo the second second unit supplementary training (6 hours) conducted at the training site of the Geumdong Reserve Forces on March 10, 2016, was delivered by that birth C, but did not undergo the above training without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Application of Acts and subordinate statutes on the organization card for the reserve forces, each accusation note, criminal fact report, confirmation of the fact of the same ledger, receipt certificate, and written confirmation of the substitute recipient, and the application of the representative recipient;

1. Article 15 (9) 1 and Article 6 (1) of the Act on the Establishment of Local Reserve Forces for the Establishment of the same Act and Articles 15 (9) 1 and 6 (6) of the same Act concerning the facts constituting an offense;

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. The Defendant’s assertion regarding the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act regarding the order of provisional payment, was unable to attend a training course conducted by the B election commission to which he belongs, and thus, there was a justifiable reason under Article 15(9)1 of the Act on the Establishment of Local Reserve Forces.

The argument is asserted.

However, on March 8, 2016 and March 10, 2016, the training schedule for the reserve forces notified to the Defendant does not fall under the election period for public officials prohibited from training under the proviso of Article 6(1) of the Act on the Establishment of Local Reserve Forces, and the period left for at least one month on April 13, 2016, which is the election day for the 20th National Assembly members, and therefore, the Defendant participates in the training and election management affairs.