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(영문) 대전지방법원 서산지원 2015.11.26 2015고정223

향토예비군설치법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On September 23, 2013, the Defendant did not undergo the above training without justifiable grounds, even though the Defendant received a notice of convening the education and training of homeland reserve forces in the name of the third unit commander of the Army 1789 unit in the name of the Defendant’s mother C to the effect that “to participate in the second supplementary training conducted at the training site for 3 days from October 15, 2013 to July 17, 2013,” from the Defendant’s house located in Thai-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant did not undergo the above training without justifiable grounds. On October 25, 2013, the Defendant did not receive the notice of convening the education and training of homeland reserve forces under the name of the Defendant’s father of the 3 unit commander of the Army 1789 unit to the effect that “to participate in the second supplementary training at the training site for 3 days from November 12, 2013 to the same month.”

Summary of Evidence

1. Defendant's legal statement;

1. Each accusation note of E and a draft notice;

1. Criminal charge against each violation of the Establishment of Homeland Reserve Forces Act in the Taean Eup register, notification of crimes against the Establishment of Reserve Forces, notification of crimes against the Establishment of Reserve Forces, confirmation of the Eup register, delivery notification statement, and exercise notification;

1. Application of Acts and subordinate statutes governing confirmations of the recipient of each notice C or D;

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

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act for the provisional payment order include the fact that the defendant was punished three times as fines for the same crime, the defendant was unable to participate repeatedly in the reserve forces training on the grounds that he operated an individual enterprise, and all the sentencing conditions indicated in the records and arguments of this case shall be determined by comprehensively taking into account all the sentencing conditions indicated