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(영문) 수원지방법원 안양지원 2014.03.28 2014고단69

향토예비군설치법위반

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On January 17, 2014, the Defendant was sentenced to six months of imprisonment and two years of suspended execution for the violation of the Establishment of Homeland Reserve Forces Act in the Suwon District Court, and the judgment became final and conclusive on January 25, 2014.

The defendant, as a member of the homeland reserve forces, failed to undergo the above training without justifiable grounds even after he/she received a notice of convening the homeland reserve forces training in the name of the fourth unit commander of the Army 2506 military unit in the name of the defendant's house located B 401 in the Mapo-si on October 29, 2013, and conducted from November 18, 2013 to November 21, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Before judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report on confirmation of the fixed date);

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

1. The latter part of Articles 37 and 39 (1) of the Criminal Act that treats concurrent crimes and grants exemption from punishment. (Taking into account the fact that all reserve forces training are completed after the judgment is rendered concurrently with the offense of violating the Establishment of Homeland Reserve Forces Act, the judgment of which has become final and conclusive;