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(영문) 광주지방법원 2016.08.31 2016고단2309
향토예비군설치법위반
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a member of the local reserve forces belonging to the Gwangju Northern-gu B Dong unit.

On April 28, 2016, the Defendant received a notice of convening a training course under the name of the commander of the Army 6753, which was conducted at the Defendant’s house located in Gwangju Northern-gu C306 around 15:0 and from May 11, 2016 to May 11, 2016, the Defendant failed to undergo the said training without justifiable grounds even after receiving a notice of convening a training course under the name of the commander of the 6753 unit of the Army, which was conducted at the 6573 unit of the Army located in Gwangju North-gu, Gwangju Northern-gu.

Summary of Evidence

1. Written statements of the defendant in court;

1. Application of Acts and subordinate statutes to the accusation of the Army commander 6753 and a copy of the receipt of call notice;

1. Article 15 of the Act on the Establishment of Local Reserve Forces and Articles 15 (9) 1 and 6 (1) of the Act on the Establishment of Local Reserve Forces and Selection of fines concerning facts constituting an offense;

1. On the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances, such as the following circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and consequence of the crime, and circumstances of sentencing as indicated in the record.

Defendant is led to confession, and is against himself.

Meanwhile, from November 2014 to December 2015, the Defendant has been subject to criminal punishment of a fine of four times for a violation of the Act on the Establishment of Local Reserve Forces, on four occasions.

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