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(영문) 울산지방법원 2015.12.24 2014고단3689

향토예비군설치법위반

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal power] On April 25, 2013, the Defendant issued a summary order of KRW 300,000 for a fine of KRW 500,000 for a violation of the Establishment of Homeland Reserve Forces Act at the Ulsan District Court on June 24, 2013; a summary order of KRW 500,000 for a fine of KRW 1 million for a violation of the Establishment of Homeland Reserve Forces Act at the Ulsan District Court on September 9, 2013; a summary order of KRW 2 million for a violation of the Establishment of Homeland Reserve Forces Act at the Ulsan District Court on November 8, 2013; and on February 13, 2014, the Defendant issued a summary order of KRW 2 million for a violation of the Establishment of Homeland Reserve Forces Act at the Ulsan District Court on February 21, 2014; and on February 21, 2014.

【Criminal Facts】

The defendant is the member of the homeland reserve forces belonging to the Seolsan District Reserve Forces.

On August 25, 2014, at around 21:21, the Defendant confirmed the training schedule that was made public by accessing the Internet at the Defendant’s house located in Ulsan-gun, Ulsan-gun, the Defendant applied for participation in the training of homeland reserve forces (8 hours for the second supplementary training for the opposite party) conducted on September 26, 2014 at the third unit of the 7765 military unit located in Ulsan-gu, Ulsan-gu, Ulsan-do, for which the Defendant failed to undergo the said training without justifiable grounds.

Summary of Evidence

1. A written accusation;

1. The National Reserve Forces for Training (the date of application: 21 August 25, 2014):

1. Investigation report (national method of applying for training);

1. Application of Acts and subordinate statutes concerning criminal records, investigation reports (verification of the fixed date of judgment), copies of judgment, etc., and data from case inquiry;

1. Articles 15 (9) 1 and 6 (1) of the Establishment of Homeland Reserve Forces Act for the crimes;

1. The punishment shall be determined in consideration of the circumstances, such as the fact that many persons have the same kind of records as the reasons for imposing selective sentence of imprisonment, re-offending during the period of probation, and the fact that they were temporarily unable to attend