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(영문) 부산지방법원 2015.11.26 2015고단1349

향토예비군설치법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Madern 2015 Madern 1349

1. On October 13, 2014, the Defendant violated the Establishment of Minimum Reserve Forces due to the failure to participate in the third supplementary training was sent by facsimile a muster notice to the effect that “the Defendant would undergo the third supplementary training on October 24, 2014, which was conducted at the 3rd new reserve forces training site located in Bupyeong-dong, Busan on October 24, 2014, the third supplementary training was conducted on October 24, 2014,” but the Defendant did not undergo the said training without justifiable grounds. On October 14:15, 2014, the Defendant violated the Establishment of Minimum Reserve Forces due to the failure to participate in the fourth supplementary training was sent to the Busan on or around October 13, 2014; the Defendant did not undergo the said training despite the failure to undergo the third supplementary training from October 21, 2014 to October 23, 2014 to the Busan on the 3rd new reserve Forces without justifiable grounds for the second supplementary training.”

205 Highest 1897

3. On October 29, 2014, the Defendant did not undergo the above training without justifiable grounds despite the direct receipt of a muster notice stating that “from November 24, 2014, the Defendant would undergo the carried-over supplementary training (the fifth supplementary training for the 13-year East Haak-gu, Dong-dong) conducted at the third new reserve forces training site in the 6339 unit located in the 3rd new reserve forces located in the 3rd new-dong, Bupyeong-gu, Busan.”

Summary of Evidence

Madern 2015 Madern 1349

1. Police suspect interrogation protocol of the accused;

1. A written statement;

1. Notification of crimes violating the Establishment of Homeland Reserve Forces, and receipt of the notice of each training call;

1. Each written accusation; < Amended by Act No. 13548, Sep. 7, 2015>

1. Police suspect interrogation protocol of the accused;

1. A written statement;

1. Notification of crimes violating the Establishment of Homeland Reserve Forces, and the application of Acts and subordinate statutes concerning the notice and receipt of training call;

1. Relevant Article 15 (9) 1 and Article 6 (1) of the Establishment of Homeland Reserve Forces Act, the selection of fines for the crimes, and the selection of penalties;

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

1. The Criminal Act for the detention of a workhouse;