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(영문) 서울동부지방법원 2016.05.12 2016고단477
향토예비군설치법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a member of the local reserve forces belonging to the fourth unit in Seoul.

1. On August 27, 2015, the Defendant received a training call notice under the name of the 3298 unit commander of the Army, which was issued on September 7, 2015 on September 7, 2015 at the Defendant’s residence located in B01 in Gwangjin-gu Seoul Special Metropolitan City, the Defendant did not undergo the training without justifiable grounds.

2. On August 27, 2015, the Defendant received a notice of convening a training call in the name of the 3298 unit commander of the Army, which directly caused eight hours for the second supplementary training on September 14, 2015 at the above residence, but did not undergo the training without justifiable grounds.

3. On October 14, 2015, the Defendant received a notice of convening a drill in the name of the 3298 unit commander of the Army 3298 unit 1 unit 3298, stating that he/she may receive six hours of the second unit supplementary training in the above residential area on November 26, 2015, but did not undergo the training without justifiable grounds.

4. On November 3, 2015, the Defendant received a notice of convening a training call in the name of the 3298 unit commander of the Army, which directly caused the second supplementary training 32 hours on November 26, 2015 at the above residential area on November 3, 2015, but did not undergo the training without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of crimes in violation of the Act on the Establishment of Local Reserve Forces, confirmation of the same ledger, receipt, and application of statutes on the organization card of local reserve forces;

1. Article 15 (9) 1 and Article 6 (1) of the Act on the Establishment of Local Reserve Forces under Article 15 of the same Act concerning facts constituting an offense, and the selection of a sentence of imprisonment;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Provisional Payment Order has already been seven times for the crime of violating the Act on the Establishment of Local Reserve Forces in the same region, and there is a need for strict punishment for the crime of this case.

However, there is no criminal conviction of the same kind of punishment, and this is considered.

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