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(영문) 대전지방법원 천안지원 2015.09.18 2015고정434
향토예비군설치법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around November 3, 2013, the Defendant was unable to participate in the above training without justifiable grounds despite the receipt of a muster notice of “the second supplementary training (6H) for the last period of 13 years,” which was conducted at the Dong-dong Reserve Forces Training Site in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, and on November 11, 2013. On November 3, 2013, the Defendant took part in the training without justifiable grounds. On November 3, 2013, the Defendant was unable to attend the training, despite the receipt of a muster notice of “the second supplementary training (6H) for the last period of 12 years, the second supplementary training (6H).”

3. Around November 3, 2013, the Defendant was unable to participate in the above training without justifiable grounds despite the receipt of a muster notice of “13-year mid-term supplementary training (6H)” conducted at the dong-dong Reserve Forces Training Site in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, and on November 13, 2013. On November 3, 2013, the Defendant was unable to participate in the training without justifiable grounds. On November 3, 2013, the Defendant was unable to attend the training without justifiable grounds despite the receipt of a muster notice of “13-year mid-term supplementary training (6H).”

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 15 (9) 1 and Article 6 (1) of the former Establishment of homeland Reserve Forces Act (Amended by Act No. 12791, Oct. 15, 2014);

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, which is favorable to the recognition of the defendant's error, has failed to attend training several times, and the Military Service Act has been in the past.

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