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(영문) 서울북부지방법원 2016.03.25 2015고단4509

향토예비군설치법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant received a notice of convening a local reserve force under the name of the unit 297 unit 297 unit commander in the Army, the Defendant was a member of the local reserve forces; on June 18, 2015, at the Defendant’s residence located in Seoul Special Metropolitan City, Nowon-gu apartment, Seoul, 1109 Dong 608, and on July 2, 2015, the Defendant did not receive local reserve forces training for five times in total, as shown in the annexed crime list, for five times during the period from that time to September 23, 2015.

2. The Defendant of Seoul Special Metropolitan City, Nowon-gu apartment on June 24, 2015, 1109 Dong 608, and from July 14, 2015, the Defendant of Seoul Special Metropolitan City, Nowon-gu apartment on June 24, 2015.

7. By the 17th day, a notice of convening a training in the name of the second unit commander of the 2997 Army, which was conducted at the training site of the Hagwon Reserve Forces located in the Hag Government-si, was received directly.

Nevertheless, the defendant did not receive the above training without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each statute on a written accusation;

1. Article 15 of the Act on the Establishment of Local Reserve Forces and Articles 15 (9) 1 and 6 (1) of the Act on the Establishment of Local Reserve Forces for the Establishment of which punishment is selected for facts constituting an offense;

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

1. The statutory penalty under Article 62(1) of the Criminal Act: Imprisonment with prison labor for not more than one year, or a fine not exceeding ten million won, life imprisonment with prison labor for one year: The sentence of imprisonment with prison labor for six months and two years under the suspended execution shall be determined as the order by examining various conditions of sentencing specified in the arguments, including the defendant’s age, sex, family environment, etc.

A person who has been aggravated: A person who has been mitigated, such as a confession or performance of reserve service: