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(영문) 수원지방법원 2019.02.13 2018고단6494
예비군법위반
Text

1. The defendant shall be punished by imprisonment with prison labor for four months;

2.Provided, That the above sentence shall be executed for a period of one year from the date when this judgment has become final.

Reasons

Punishment of the crime

The defendant of "2018 Highest 6494" is a member of the reserve forces belonging to B.

On September 15, 2018, the Defendant did not undergo the above training without justifiable grounds even though he/she received a notice of a call for training in the name of 3 books of 5171 unit 51 unit 3 units to attend the second supplement training conducted by the G and D training site from October 8, 2018 to October 10 of the same month.

The defendant of "2018 Highest 7195" is a member of the reserve forces belonging to B.

On November 6, 2016, the Defendant did not receive the training call notice from the Defendant’s house located in the Yongsan-si E, to attend the second supplementary training conducted from November 14, 2016 to November 15, 2016, without justifiable grounds.

Summary of Evidence

"2018 Highest 6494"

1. Defendant's legal statement;

1. Notification of accusation against violators of the Reserve Forces Act;

1. Notification of violations of reserve forces' crimes;

1. "A certificate of receipt of notice, certificate of delivery of notice, etc.";

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the charge, receipt of notice, address address for transmission, etc.;

1. Article 15 (9) 1 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 (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of the applicable sentence] 1 year and six months or less imprisonment (the decision of sentence] as follows, and the sentencing conditions indicated in the records, such as Defendant’s age, character and conduct, environment, motive and circumstances of crime, etc., shall be determined as the order.

An unfavorable circumstance: A normal situation that has been punished for a crime of the same kind and is favorable to all times: There is no record of punishment exceeding the fine before, and the reserve forces shall be trained in the future.

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