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(영문) 울산지방법원 2014.07.31 2014고단1103
향토예비군설치법위반
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

[criminal power] On April 14, 2014, the Defendant was charged with summary indictment in the Ulsan District Court to seek a fine of KRW 500,000 for a violation of the Establishment of Homeland Reserve Forces Act. On April 15, 2014, the Defendant was charged with summary indictment with seeking a fine of KRW 1 million for the same crime in the same court. On April 17, 2014, the Defendant was charged with summary indictment with seeking a fine of KRW 500,000 for the same crime.

【Criminal Facts】

1. On March 10, 2014, the Defendant, as a member of the homeland reserve forces, was notified of a call-up notice of education and training that he would incur 16 hours for the fifth supplementary training for the mobilization of the 7765 Army from March 10, 2014 to March 11, 2014 at the place of residence of the Defendant, located at No. 102 and 608, Ulsan Nam-gu, Nam-gu, Ulsan District Reserve Forces on February 27, 2014, and did not undergo the said training without justifiable grounds, even though he was notified of a call-up notice of education and training that he would incur 16 hours for the 5th supplementary training for the mobilization of the 2012 Army from March 10, 2014.

2. The Defendant, as a member of the homeland reserve forces on March 12, 2014, received a notice of call-up for education and training that he/she would receive 16 hours for the second supplementary training for the mobilization of the army in March 12, 2014, conducted from March 12, 2014 to March 13, 2014 at the same time and place as the above Paragraph (1) above, and from March 12, 2014 to March 13, 2014, the Defendant did not undergo the said training without justifiable grounds. On March 14, 2014, the Defendant did not receive the notice of call-up for education and training that he/she would receive 16 hours for the second supplementary training for the mobilization of the army in March 14, 2014 to the members of the homeland reserve forces; on March 14, 2014, at the same time and at the same place as the above Paragraph (1) above.

Summary of Evidence

1. Defendant's legal statement;

1. Each accusation;

1. A receipt of each notice of call for training;

1. The application of Acts and subordinate statutes to each disposition, previous trial records, report on results of confirmation, investigation report (a copy of indictment attached), and copy of each indictment;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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