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(영문) 서울동부지방법원 2020.01.15 2019고단3588

예비군법위반

Text

Defendant shall be sentenced to six months of imprisonment, and the execution shall be suspended for two years from the date the judgment becomes final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

The defendant is a member of the reserve forces belonging to two units of Seongdong-gu Seoul Metropolitan Government.

1. On March 4, 2019, the Defendant received a notice of call-up for training in the name of 3298 unit commander of the Army, 3298 unit, and did not undergo training without justifiable grounds, even though he/she received a notice of call-up for training in the name of 298 unit commander of the Army, which caused the second supplementary training (26 hours) conducted at the head of the Geumyang-si District Reserve Forces Training Center, from March 4, 2019 to March 7, 2019 at the residence of the Defendant of Seongdong-gu Seoul building B, Seongdong-gu, Seoul.

2. On March 20, 2019, the Defendant received a second supplementary training (six hours) conducted at the place of the Geumyang-si Reserve Forces training at the place of the said Defendant’s residence on March 20, 2019 from March 20, 2019, and received a notice of a call-up for training in the name of 3298 military units for the Army, which caused the second supplementary training (six hours) from the said place of the said Defendant’s residence, but failed to undergo training without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute on a written accusation;

1. Each penal provision subparagraph 1 of Article 15 (9) and Article 6 (1) of the Reserve Forces Act.

1. The former part of Article 37 and Article 38 of the Criminal Act among concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;