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(영문) 제주지방법원 2020.02.13 2019고단2693
예비군법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a member of the reserve forces belonging to B at Jeju.

The Defendant, at around 17:20 on September 30, 2019, received a notice of a call-up for training in the name of B injury E of the Marine Corps No. 92 on October 8, 2019, which caused the basic training (second supplement) conducted at the training site for Jeju-si Reserve Forces on October 8, 2019, but did not undergo the said training without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Statement that he/she was unable to participate in reserve forces training even after notice of training among suspect interrogation records of the accused prepared by the police;

1. Application of the respective Acts and subordinate statutes stated in the accusation book, result of the complaint deliberation by a person who violates the Act of the Reserve Forces, the resolution for accusation, the report by a person finding the Act of the Reserve Forces, the accusation against a violation of the Act of the Reserve Forces, a criminal charge, a written confirmation of a criminal charge, a muster notice, a

1. Article applicable to the facts constituting an offense, and Articles 15 (9) 1 and 6 (1) of the Reserve Forces Act that choose a punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. 【The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order 【The scope of the sentencing sentence under the law 【The Decision of the Sentence 50,000 won or more to KRW 10 million 【The Decision of the Sentence 】 The Defendant was unable to participate in the training of the reserve forces : the Defendant was punished by a relatively minor fine; the Defendant was punished for the same kind of criminal offense in favor of the Defendant 2 times; and the Defendant is deemed to faithfully participate in the training of the reserve forces in the future; in light of these circumstances, the Defendant’s age, character and conduct, motive, means and consequence of the crime; and the circumstances after the crime, etc., the sentence shall be determined as per the Disposition.

It is so decided as per Disposition for the above reasons.

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