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(영문) 광주지방법원 해남지원 2015.10.29 2015고단399
향토예비군설치법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On April 28, 2015, the Defendant, as a member of the homeland reserve forces, did not undergo the above training without justifiable grounds even after receiving a notice of a call-up for training in the name of the second unit commander of the 8539 military unit in the name of the 6th unit of the Army, which was conducted at the training site for the reserve forces in the training site of the entire Dondondon-Don-gun, Seoul Special Metropolitan Cityndondon-gun on May 15, 2015.

2. On June 30, 2015, the Defendant, as a member of the homeland reserve forces, did not undergo the said training without justifiable grounds even after receiving a notice of a call-up for training in the name of the second unit commander of the 8539 military unit in the name of the 7th unit commander of the Army, which was conducted at the training site for the reserve forces in the training site of the entire Dondondon-gun, Chungcheongnam-dondon-gun, Seoul Special Metropolitan City on July 16, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to file an accusation, a copy of receipt of a muster notice, and details of transmission of text messages;

1. Relevant Article 15 (9) 1 and Article 6 (1) of the Establishment of homeland reserve forces and the Act on the Establishment of homeland reserve forces to impose punishment on the crime;

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

1. Although the suspended execution of punishment under Article 62(1) of the Criminal Act has the same record as the defendant for the reason of sentencing, the punishment is determined as ordered by taking into account the following factors: the defendant's wrongness, the defendant's sincere participation in training, the fact that there is no criminal record exceeding the fine; and all the sentencing conditions as shown in the argument of this case.

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