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(영문) 서울중앙지방법원 2015.01.29 2014고정5568
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

568, May 2014

1. The defendant is a homeland reserve member.

On November 7, 2013, the Defendant received a second supplementary education (8 hours) on November 21, 2013 at his/her own residence located in Gangnam-gu Seoul District Reserve Forces B and C, 1807, and received a notice of call-up for homeland reserve forces training conducted at the Gangnam-gu Reserve Forces Training Site on November 21, 2013, but did not undergo the above training without justifiable grounds.

569 shall be fixed at the rate of 2014

2. The Defendant is a member of homeland reserve forces.

On November 7, 2013, the Defendant was issued a notice of call-up for the homeland reserve forces training in the name of 2089 unit commander in the name of 2089 unit commander of the Army, which caused the second supplementary training to be conducted at the training site for the Gangnam-gu Seocho Reserve Forces on November 20, 2013 at the Defendant’s house located in Seoul, B and C, 1807, and the Defendant did not undergo the said training without justifiable grounds.

Gohap 2014 fixed 570

3. The defendant is a member of the homeland reserve forces belonging to the Gangnam-gu one Dong-dong Seoul Metropolitan Government.

On September 3, 2013, through facsimile around 09:17, the Defendant received a notice of call-up for the training of homeland reserve forces in the name of the second unit commander of the 2089 unit of the Army, which caused the second supplementary education (24 hours) conducted at the training site of the Gangnam-gu, Seocho-gu Seoul Metropolitan Government, from September 24, 2013 to September 26, 2013.

However, the defendant did not receive the above training without justifiable grounds.

Summary of Evidence

The fact of No. 1 at the time of sale

1. Defendant's legal statement;

1. Notification of offenses against the Establishment of homeland reserve forces Act;

1. Facts under paragraph (2) at the time of issuing a written notice of call-up, a receipt of a notice of call-up for education and training, and the organized homeland reserve forces

1. Defendant's legal statement;

1. Notification of offenses against the Establishment of homeland reserve forces Act;

1. The fact of the third party at the time of issuing a written confirmation of call-up notice and a copy of the organization card of the reserve forces;

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 15(9)1 and Article 15(9)1 of the former Establishment of homeland reserve forces Act (amended by Act No. 11849, Jun. 4, 2013) regarding criminal facts.

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