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(영문) 인천지방법원 2014.02.07 2014고정18

향토예비군설치법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On June 22, 2013, the Defendant was a member of the homeland reserve forces, and around July 16, 2013, at the residence of the Defendant, the Defendant received a notice of call-up of homeland reserve forces training under the name of the Defendant’s father of the 7873 unit 2 unit 2 unit 2 unit 3 unit 2 unit 2 unit 3 unit 7873 unit 2 unit 2 unit 2 unit 2 unit 2 unit 3 unit 3 unit 3 unit 3 unit 4, which was conducted at the 105 main reserve forces training site in Nam-gu, Incheon on July 17, 2013, and six hours carried forward from the above training site on July 17, 2013, which was conducted on July 18, 2013, and did not undergo the above training without justifiable grounds.

2. Around August 27, 2013, the Defendant was a member of the homeland reserve forces, and around September 23, 2013, from September 23, 2013 to September 25, 2013, the Defendant received a notice of call-up for the training of the homeland reserve forces in the name of the second unit commander of the 7873 unit commander of the Army, which caused the second unit training conducted at the training site of the said state reserve forces from September 23, 2013 to 24 hours training, and was not subject to the above training without justifiable grounds.

3. Around September 24, 2013, the Defendant was a member of the homeland reserve forces, and around October 14, 2013, the Defendant received a notice of call-up for the training of the homeland reserve forces in the name of the 2nd unit commander of the 7873th unit in the Army, which was conducted at the training site of the said state reserve forces from October 14, 2013 to June 16, 2013, and was not subject to the said training without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute on a written accusation;

1. Relevant Article 15 (9) 1 and Article 6 (1) of the Establishment of homeland reserve forces Act, the selection of fines, and punishment against the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.