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(영문) 광주지방법원 2020.06.11 2020고단15

예비군법위반

Text

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

Reasons

Punishment of the crime

The defendant is a member of the standing union belonging to the defendant.

around 15:30 on September 18, 2019, the Defendant, at the 1 Dong-dong Office in Seo-gu, Seo-gu, Gwangju, about 15:30, received a muster notice in the name of the 5 unit commander of the Army (16-year training) on October 21, 2019, which was conducted at the training site for the reserve forces in Seo-gu, Gwangju, Seo-gu, Gwangju, about 20, the Defendant failed to undergo the training without justifiable grounds, notwithstanding the receipt of a muster notice in the name of the 5 unit commander of the 6753 unit in the Army, and from then to October 11, 2019, the Defendant did not undergo the training for the reserve forces without justifiable grounds, even though he received the muster notice in the name of the 5 unit commander in the name of the 5 unit commander in the Army

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on notices of crimes in violation of each Act of the reserve forces, certificates of respective crimes, certificates of receipt, two copies of receipt, certificates of receipt, and cards of reserve forces organized

1. Article 15 (9) 1 and Article 6 (1) of the Reserve Forces Act, the choice of applicable laws and punishment concerning facts constituting an offense, and the choice of imprisonment with prison labor;

1. From among concurrent offenders, the circumstances unfavorable to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act: The Defendant was unable to participate in the reserve forces exercise repeatedly without justifiable grounds even though he/she had a record of criminal punishment for a violation of the Reserve Forces Act twice.

The favorable circumstances: Recognizing and opposing their errors.

In addition, the defendant's age, character and conduct, environment, motive, means and method of committing a crime, results and circumstances after committing a crime, etc. shall be determined as ordered in comprehensive consideration of various sentencing conditions.