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(영문) 전주지방법원 정읍지원 2015.08.18 2015고단270
향토예비군설치법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a woman and a new witness, and is a homeland reserve force member.

1. On May 1, 2015, the Defendant received a notice of call-up for training of homeland reserve forces under the name of the Ministry of Land, Infrastructure and Transport 8098, which was the head of Si/Gu/Eup/Myeon, to undergo the secondary supplementary training (8H) at the training site for the homeland reserve forces at the head of Si/Gu/Eup/Gu/Eup/Myeon on May 13, 2015.

Nevertheless, the Defendant did not undergo the above training without justifiable grounds.

2. The Defendant: (a) from May 7, 2015 to May 19, 2015, at the head of the Defendant’s office located in Jeong-up Si, Seocheon-si, Seosan National Reserve Forces; and (b) from May 19, 2015, the Defendant:

5. By December 21, 200, he received a notice of call-up for the training of homeland reserve forces in the name of the Ministry of Land, Infrastructure and Transport No. 8098, which caused the second supplementary training (24H) from a person who failed to participate in the training at the training site

Nevertheless, the Defendant did not undergo the above training without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Each written accusation (which means two pages, two pages, two pages);

1. Notice of a crime in violation of the Establishment of Homeland Reserve Forces Act (the investigative record, two pages, two pages, and two pages);

1. A statement on each of the facts constituting an offense (the statement on each of the investigation records, four pages, five pages);

1. Receipt of each notice of call-up (the number of pages, 6, 7 pages of investigation records);

1. The application of each compilation card (in the form of an investigation record, 8 pages, 8 pages) statute;

1. Relevant Article 15 (9) 1 and Article 6 (1) of the Establishment of homeland reserve forces Act, in relation to the facts constituting an offense, and the selection of punishment therefor;

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. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The freedom of conscience should be guaranteed to the extent that the exercise of fundamental rights under the Constitution regarding the assertion that there are justifiable grounds enables a common life with others within a community of the State and does not endanger other constitutional values and the legal order of the State.

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