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(영문) 인천지방법원 2017.10.27 2017고정1952
향토예비군설치법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

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

Nevertheless, the Defendant may not undergo the training without justifiable grounds by the person who caused the preliminary military force in the homeland.

1. On May 1, 2016, around 20:40, the Defendant’s wife D, the office of the Defendant, who participated in the second supplementary training (6H) that was carried over on May 30, 2016, in the training site of Yeonsu-gu, Yeonsu-gu, Yeonsu-gu, Yeonsu-gu, Seoul, without justifiable grounds, sent a notice of convening the training of local reserve forces in the name of the second unit commander of the 7873 unit 7873 unit 2 unit 7873 unit 2 unit 2 unit 7873 unit 2 unit 2 unit 2 unit 2 of the Army.

2. On May 31, 2016, the Defendant’s wife D participated in the Second Supplementary Training (6H) that was carried over at the training site for the reserve forces in Yeonsu-gu, Yeonsu-gu, Yeonsu-gu, Seoul, with the notice of convening a local reserve force training under the name of the second unit commander of the 7873 unit commander of the Army, was sent to the Defendant’s wife, but did not participate without good cause.

3. On June 1, 2016, the Defendant’s wife D participated in the Second Supplementary Training (6H) that was carried over at the training site for the reserve forces in Yeonsu-gu, Yeonsu-gu, Jung-gu, Seoul and the second unit training site for the second unit for the second unit for the second unit for the Army, which was sent to the Defendant’s wife without justifiable grounds.

4. On October 6, 2016, at the same place as above, the Defendant’s wife D, who participated in the second supplementary training (4H) that was carried forward at the training site in Yeonsu-gu, Yeonsu-gu, Yeonsu-gu, Seoul, as well as the second supplementary training (4H) that was carried forward to the Defendant’s wife on October 20, 2016, was absent without justifiable grounds even after receiving a notice of convening the training for the local reserve forces under the name of the second unit commander in the 7873 unit commander in the Army.

Summary of Evidence

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

1. Application of Acts and subordinate statutes to the charge of non-training;

1. Article 15(9)1 and Article 6(1)1 of the Act on the Establishment of Local Reserve Forces for the Establishment of the Republic of Korea (Amended by Act No. 14183, May 29, 2016); the selection of each fine for a crime, Article 15(9)1 and Article 6(1) of the same Act;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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