(영문) 수원지방법원 2013.11.06 2013고단4428

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(영문) 수원지방법원 2013.11.06 2013고단4428

향토예비군설치법위반

Text

A defendant shall be punished by imprisonment for not less than three 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

The defendant is a member of homeland reserve forces.

1. On May 30, 2013, the Defendant received a notice of call-up of homeland reserve forces under the name of the fourth unit commander of the Army 2819, which was conducted at the Defendant’s house located in Suwon-si B 502 (C) in Suwon-si, Suwon-si, on June 25, 2013, from the Defendant’s house located in B 502 (C), and did not undergo the above training without justifiable grounds.

2. Around June 26, 2013, the Defendant received a muster notice from the fourth unit commander of the Army 2819 unit in the name of the 4th unit commander of the Army, which caused the same training conducted at the fourth unit guard of the 4th unit of the 4th class of the 4th class of the 4th class of the 4th class of the 4th class of the 4th class of the 4th class of the 4th class of the 4th class of the 4th class of the 4th class of the 2

3. On June 26, 2013, the Defendant received education on the call-up of the homeland reserve forces in the name of the 2819 unit commander of the Army, which was conducted in the 4th unit of the 4th unit of the 2819 unit of the Army from July 17, 2013 to July 18, 2013 at the said place, at the same time, and did not undergo the said training without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D;

1. Receipt of each muster notice, and application of the Acts and subordinate statutes on the organized homeland reserve forces;

1. Article 15 (9) 1 and Article 6 (1) of the homeland reserve forces under the relevant Act on the criminal facts, and the selection of imprisonment with prison labor;

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

1. The punishment shall be determined in consideration of the fact that the defendant has no specific criminal records other than fines, the criminal facts are recognized and his participation in the future training in the sentencing of Article 62 (1) of the Criminal Act;

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

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