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(영문) 수원지방법원 2015.01.14 2014고단213

향토예비군설치법위반

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

[2014 Highest 213] The Defendant was a person organized as a homeland reserve forces. On November 6, 2013, the Defendant failed to undergo training without justifiable grounds despite the Defendant’s direct receipt of the notice that he/she would attend the second supplementary training conducted at the training site of Suwon-si, Suwon-si, 119 Dong 1803, Nov. 26, 2013.

[2014 Highest 3191] The defendant is a member of the homeland reserve forces.

1. On February 28, 2014, at around 11:40, the Defendant received a notice of call for the training of homeland reserve forces in the name of the fourth unit commander of the 2819 unit unit of the Army, which caused the second supplementary training at the training site for the swimming reserve forces located in the 1263 from March 11, 2014 to March 14, 2014, from the Defendant’s house located in Suwon-si, Suwon-si, Suwon-si, the Defendant did not undergo the said training without justifiable grounds.

2. At around 11:00 on April 28, 2014, the Defendant received a notice of convening the homeland reserve forces training in the name of the fourth unit commander of the Army No. 2819, which caused the second supplementary training at the training site of the said Suwon Reserve Forces on May 7, 2014, and did not receive the said training without justifiable grounds.

Summary of Evidence

[2014 Highest 213]

1. Defendant's legal statement;

1. Written statements of D;

1. Written accusation-Receipt certificate of call-up notice (2014 high-ranking 3191);

1. Defendant's legal statement;

1. Application of each statute on a written accusation;

1. Relevant provisions of the Acts and the choice of punishment for the crimes, and Articles 15 (9) 1 and 6 (1) of the Establishment of Homeland Reserve Forces Act;

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

1. Article 62 (1) of the Criminal Act;