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(영문) 서울북부지방법원 2017.01.12 2016고정1799

향토예비군설치법위반

Text

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

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

Reasons

Punishment of the crime

The defendant is a member of the local reserve forces belonging to the 3 8 east-gu Seoul Central Government, Jung-gu.

1. On October 30, 2015, the Defendant was unable to undergo the above training without justifiable grounds even after receiving a notice of convening a reserve force training in the name of the third unit commander of the 2997 unit commander of the Army, which was conducted at the 191 unit training site of the Jung-gu Seoul metropolitan Government on November 19, 2015, and at the 191 unit training site of the 191 unit of the 191 unit of the Republic of Korea on November 19, 2015.

2. On November 20, 2015, the Defendant did not undergo the said training without justifiable grounds even after receiving a notice of convening a reserve force training in the name of a commander of a former fighting unit that causes second supplementary training (four hours) conducted at the training site of the former fighting force on November 20, 2015.

3. On November 23, 2015, the Defendant did not undergo the said training without justifiable grounds even after receiving a notice of convening a reserve force training in the name of a commander of a former fighting unit that causes second supplementary training (six hours) conducted at the training site of the former fighting force on November 23, 2015.

4. The Defendant did not undergo the said training without justifiable grounds even after receiving a notice of convening a reserve force training in the name of a commander of a former port unit, who would receive the second supplementary training (24 hours) conducted at the training site for the reserve forces from November 24, 2015 to November 26, 2015.

Summary of Evidence

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

1. The accusation of a military unit 297 at the Army;

1. Application of Acts and subordinate statutes on criminal facts, receipt certificates, and local reserve forces organized cards;

1. Article 15 and Article 15 (9) 1 of the Act on the Establishment of Local Reserve Forces and the Selection of fines for the crimes in question;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;