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(영문) 수원지방법원 성남지원 2012.12.13 2012고단1871
향토예비군설치법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If a fine is not paid, 50,000 won shall be converted into one day.

Reasons

Punishment of the crime

The defendant is the homeland reserve forces member, B, and B.

[2012 Highest 1871] On June 8, 2012, the Defendant received a notice of convening a reserve force training in the name of the third unit commander of the Army, 3879 unit in the name of the third unit commander of the Army, which would result in carrying forward of the whole term (second supplementary training) training conducted at the training site of the Sungnam-si, Sungnam-si, Seoul Special Metropolitan City, and the Defendant did not undergo the said training without justifiable grounds.

[2012 Highest 2060] The Defendant did not undergo the above training without justifiable grounds even upon receiving a notice of convening a call-up for the reserve force training in the name of the third unit commander of the 3rd unit of the 3879 military unit in the Army, which caused the training of the military forces conducted at the training site of the Sungnam-si, Sungnam-si on October 8, 2012 from the Defendant’s house of Sungnam-si 4th 402 to October 17, 2012.

[2012 Highest 2117]

1. On August 13, 201, the Defendant received a notice of call for the training of the reserve forces in the name of the third unit commander of the 3879 unit in the Army, which caused the second unit training conducted at the Defendant’s house located in Seongbuk-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) 402 on September 2, 2011, and did not undergo the said training without justifiable grounds.

2. On July 3, 2012, the Defendant received a notice of call for the reserve forces training in the name of the third unit commander of the 3879 military unit in the Army that he/she would undergo the second unit training at the training site of the Sungnam Reserve Forces on July 25, 2012, and did not receive the said training without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Each accusation;

1. Application of Acts and subordinate statutes of each notice receipt and written confirmation of delivery;

1. Relevant Article 15 (9) 1 and Article 6 (1) of the Establishment of Homeland Reserve Forces Act, the selection of fines for the crimes and punishment therefor;

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

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;

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