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(영문) 부산지방법원 2013.05.09 2013고정975

향토예비군설치법위반

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a member of the reserve forces belonging to the fourth unit of the Army 639 unit;

1. On July 3, 2009, the Busan Seo-gu Defendant’s office received a notice of a call-up for education and training in the name of the 6339 commander of the Army in the name of the 6339 commander of the Army in 2008, which was conducted by the 6339 military unit of the Army around the 13th day of the same month and the 4th parallel of the 2009 military unit of the 2008 military unit of the 6339 military unit of the Army without good cause.

2. On October 17, 2009, around 27, 2009, the notice of call-up for education and training in the name of the 639 section commander in the Army, which was carried forward to the 6339 section 639 unit in the Army around 28 and the 14 hours in the 2009 section 639 unit training was received through the 639 section captain in the Army without good cause.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A written statement of each muster notice;

1. Each accusation;

1. A written confirmation of each violation;

1. Application of Acts and subordinate statutes to receive each training call notice, and to deliver each training call notice to an agent;

1. Article 15(8) and Article 6(1) of the former Establishment of Homeland Reserve Forces Act (amended by Act No. 9945, Jan. 25, 2010); the choice of fines for the crime; and the choice of fines for 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;