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(영문) 춘천지방법원 원주지원 2014.03.25 2014고정101

향토예비군설치법위반

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the member of the homeland reserve forces belonging to the Head of Taeju-si.

1. On September 6, 2013, the Defendant failed to undergo the above training without justifiable grounds even though he/she received a notice of convening a training call under the name of the Ministry of Education No. 8375 of the Army to participate in the second supplementary training (8H) for the year carried out at the training site of the counter-facul reserve forces located in the Hanju-si, Hanju-si, Nowon-si, Seoul Special Metropolitan City on September 6, 2013.

2. From September 6, 2013 to September 25, 2013, the Defendant failed to undergo the said training without justifiable grounds despite being served with a muster notice issued under the name of the captain of the Army Section 8375 to participate in the second supplementary training (24H) of the year in which the year was conducted at the training site of the Hai-dong reserve forces located in the Hanju-si, Nowon-si, Nowon-si, and the 403. 705 through 705 of the 403. 9. 23 to September 25, 2013.

3. On September 15, 2013, the Defendant failed to undergo the above training without justifiable grounds, even though he/she received a notice of convening a training call under the name of the Ministry of Land, Infrastructure and Transport No. 8375 of the Army, to participate in the second supplementary training (6H) of the year conducted in the 2nd Supplementary Training Zone, Taeju-si B apartment, 403 and 705 of the 403 705 of the 705 Haju-si around September 30, 2013.

Summary of Evidence

1. Partial statement of the police interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to each training call notice, and written confirmation of the recipient;

1. Relevant provisions of the Acts and the choice of punishment for the crimes, and Articles 15 (9) 1 and 6 (1) of the Establishment of Homeland Reserve Forces Act;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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