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(영문) 서울북부지방법원 2020.06.17 2020고단1067
예비군법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On May 10, 2019, the Defendant, as a member of the reserve forces, received a notice of call-up by printing out the second supplementary training call-up notice (17 years carried forward training) on the website of the reserve forces in a non-permanent place around May 10, 2019, (i) where the Defendant violated the Reserve Forces Act as a member of the reserve forces, and (ii) where he/she would undergo the reserve forces training conducted at the training site for Ansan Hayang Hayang Hawyang Hawyang 2019, (ii) where he/she would receive the second supplementary training (17 years carried forward training). Nevertheless, the Defendant did not undergo the training without justifiable grounds. Nevertheless, on November 4, 2019, the Defendant violated the Reserve Forces Act, as a member of the reserve forces, confirmed the schedule of the reserve forces training publicly announced on the website of the reserve forces, and (iii) carried forward training for the second year from November 18, 2019 to November 21, 2017.

'Written application for participation in training in electronic documents.'

Nevertheless, the defendant did not receive training without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a written accusation, a notice of a crime in violation of the law of each reserve force (the second, fourth, third, third) and a statement of criminal facts (the second, fourth, fourth) and each statement of criminal facts, and each statement of criminal facts (the second, fifth, fourth, fourth) and each reserve forces organized card (the second, sixth, fourth, fourth, fourth);

1. Article 15 (9) 1 and Article 6 (1) of the Act on the Punishment of Crimes and Articles 15 (9) 1 and 6 (1) of the Election of Reserve Forces Act;

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

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing following the suspended sentence) is not committed in that the defendant received a muster notice or applied for direct participation in training, but failed twice in the reserve forces training. The crime of this case is not good in that the defendant committed the crime of this case even though he had the record of criminal punishment of fines twice for the same crime in 2018 and 2019.

However, the fact that the defendant is recognized to commit the crime and is against the law.

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