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(영문) 인천지방법원 부천지원 2019.05.09 2018고단3136

예비군법위반

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant of "2018 Highest 3136" is a member of the reserve forces.

On September 20, 2018, the Defendant received a notice of call to undergo the second second supplementary training (15 years) conducted by the Dong residents' self-governing center on October 16, 2018, and did not undergo the said training without justifiable grounds, while the Defendant received a notice of call to undergo the second supplementary training (15 years) conducted by the Dong residents' self-governing center on September 20, 2018.

"2019 Highest 426" Defendant is a member of the reserve forces belonging to the upperest one reserve force.

At around 09:10 on November 3, 2018, the Defendant was unable to attend the training call notice under the name of the 48 unit management unit commander of the Army, 7873 unit and 48 unit management unit of the Army, which was issued on November 19, 2018 at the 1st Dong community service center located in Bupyeong-si, Seocheon-si, the second second second (the second half) training (the second half) training conducted at the 19th Dong community service center on November 19, 2018.

Summary of Evidence

"2018 Highest 3136"

1. Defendant's legal statement;

1. A written accusation, written confirmation of facts constituting an offense, a copy of a receipt of a muster notice, a written delivery of a muster notice, and a reserve force organizing card "20,426";

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on the organization card of the reserve forces, such as a written accusation, criminal fact confirmation, a copy of the receipt of the call notice, a written delivery;

1. Article 15 (9) 6 and Article 6 (1) of the Reserve Forces Act, the choice of applicable laws and punishment concerning facts constituting an offense, and the choice of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order have the records of being punished seven times as a violation of the Establishment of Homeland Reserve Forces Act and a violation of the Reserve Forces Act from November 24, 2015 to April 27, 2017, by habitually attending the reserve forces training.

The motive for the crime was also difficult to keep out of work late at the preceding night.

It is more likely that recidivism is possible and more penalties are punished.