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(영문) 의정부지방법원 2016.06.30 2016고정193

향토예비군설치법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

Defendant is a member of the local reserve force.

1. On March 10, 2014, the Defendant received a muster notice from the Defendant’s house located in Spocheon-si B, through C, his father, to receive basic education for the overall period of the training site conducted at the training site for Spocheon-si Reserve Forces on March 31, 2014, without justifiable grounds. On May 9, 2014, the Defendant received a muster notice from the same place in the same manner and received the first supplementary education for the entire period of the training site conducted at the training site for Spocheon-si Reserve Forces on May 19, 2014 without justifiable grounds. On May 23, 2014, the Defendant was unable to receive the second supplementary education without justifiable grounds.

2. On October 13, 2014, the Defendant sent a notice that he/she would receive a second supplementary training carried forward at the training site of the Si/Gu reserve forces in Mapo-si on October 28, 2014, which was conducted by the Defendant on October 13, 2014, to receive a second supplementary training (H) carried forward at the training site of the Si/Gu reserve forces in Mapo-si on October 28, 2014, the notice that he/she would receive the second supplementary training (6H) conducted at the training site of the Si/Gupo-si Reserve forces in Macheon-si on November 3, 2014, and that he/she would receive the second supplementary training (2H) conducted at the training site of the Sipo-si reserve forces in Macheon-si on November 5, 2014, respectively without justifiable grounds.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 15 (9) 1 and Article 6 (1) of the Act on the Establishment of Local Reserve Forces for the Establishment of such a Act and the Selection of a fine for a crime;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;