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(영문) 제주지방법원 2020.09.17 2020고단227

예비군법위반

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On February 13, 2020, the defendant was sentenced to imprisonment with prison labor for 10 months and 2 years of suspended execution with the Jeju District Court on February 13, 202, and such judgment became final and conclusive on February 21, 2020.

The defendant is the reserve forces belonging to B at Jeju.

The Defendant did not undergo the said training without justifiable grounds despite the receipt of a notice of convening a reserve force education and training in the name of the 92 commander of the Marine Corps in the name of the 19th commander of the Marine Corps, which was given the notice of convening a reserve force on October 11, 2019, which was given from October 28, 2019 to October 28, 2019 (one day, six hours).

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the deliberation on accusation by any violator of the Act of the Reserve Forces, the result of the deliberation on accusation by any person who violates the Act of the Reserve Forces in 19-17, the result of the deliberation on accusation by any person who has violated the Act of the Reserve Forces in 19-17, the resolution on accusation, the accusation, the

1. Previous convictions: Criminal history records, investigation reports (verification reports during trial period), investigation reports (verification of the place of receipt of the call notice October 11, 2019), and criminal investigation reports ( listening to the suspect's telephone statement related to receipt of the notice), and the application of Acts and subordinate statutes on telephone recording and CDs;

1. Article applicable to the facts constituting an offense, Articles 15 (9) 1 and 6 (1) of the Reserve Forces Act that choose a penalty, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The proviso of Article 39 (1) of the Criminal Act exempted from punishment [the defendant shall be finally convicted, such as the crime of violation of the Road Traffic Act, the crime of violation of the Reserve Forces Act, and the crime of fraud. Considering equity between the above case and the case at the same time, it is reasonable to exempt the defendant from punishment in this case];