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(영문) 창원지방법원 2013.05.24 2012고단3853

향토예비군설치법위반

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant is a homeland reserve force member.

1. The Defendant, at around 15:01 on February 28, 2012, received a notice of call-up from the head of the Defendant’s office located in the counter B of Changwon-si, and from March 19, 2012 to March 22, 2012, the Defendant failed to undergo the said training without justifiable grounds even after receiving a notice of call-up from the head of the said unit to participate in the second supplementary training conducted at the counter 1004, 100 units 5870 units 10 units 5870 units 5870 units 104.

2. The Defendant, at around 10:00 on July 5, 2012, received a notice of a call-up for training in the name of the above commander to participate in the second carried-over supplementary training conducted at the office of the headquarters of the headquarters of the reserve forces located in the Dong-Eup of the window of Changwon-si, and from July 16 to July 19, 2012, from July 16, 2012 to July 19, 2012, the said training was not conducted without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Application of Acts and subordinate statutes to each written accusation;

1. Relevant Article 15 (9) 1 and Article 6 (1) of the Establishment of homeland reserve forces Act, in relation to the facts constituting an offense, and the selection of punishment therefor;

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

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;