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(영문) 서울중앙지방법원 2016.02.01 2015고정3787
향토예비군설치법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a member of the local reserve forces belonging to the 211 large numbers of arms and arms, which are 3 large numbers of arms and arms.

1. On October 27, 2013, the Defendant, at the Defendant’s residence of Gangnam-gu Seoul and 601 Dong 914, sent a notice of convening a training call in the name of the third unit commander of the 2089 unit of the 2089 unit in Seocho-gu, Seocho-gu, Seoul, on November 15, 2013, which caused the first comprehensive supplementary training (6H) conducted at the 2089 unit located in the Seocho-gu, Seocho-gu, Seoul, Seoul, without justifiable grounds.

2. On February 25, 2014, the Defendant, at the Defendant’s residence as stated in the preceding paragraph, sent a notice of convening a training call in the name of the third unit commander of the 2089 military unit, which was conducted in the said 2089 military unit from March 10, 2014 to March 12, 2014, and the second half half-yearly supplementary training (24H) conducted at the same place on March 13, 2014, and the second half-yearly supplementary training (6H) conducted at the same place, without justifiable grounds, despite the Defendant’s receipt of the notice of convening a training call in the name of the third unit commander of the 2089 military unit C.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes governing the organization cards of the local reserve forces, certificates of delivery of each call notice, and receipt of each education and training call notice;

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. 12791, Oct. 15, 2014; Act No. 12791, Oct. 15, 201); the selection of fines for criminal facts;

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 summary of the facts charged in this part of the acquittal part of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is that the Defendant, on October 27, 2013, received the second comprehensive supplementary training conducted by the military unit No. 2089, located in Seocho-gu Seoul, Seocho-gu, Seoul, from November 11, 2013 to November 14, 2013 at the Defendant’s residence, and did not participate in the second comprehensive supplementary training in the name of the third unit commander of the military unit No. 2089, which was issued by the military unit No. 2089.

In this case, the defendant's legal statement, the detailed statement of the case 11843 and the certified copy of the summary order.

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