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(영문) 수원지방법원 2014.07.11 2014고단2327
향토예비군설치법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Criminal facts

1. The Defendant, as a member of the homeland reserve forces around March 10, 2014, received a notice of call-up for the reserve forces training under the name of the third master commander No. 2819 of the Army, demanding the Defendant to participate in the carried-over training at the office of the Defendant, located in the Seosung-si B, 107 Dong 1204 around February 24, 2014, from March 6, 2014 to March 10 of the same year.

Nevertheless, the defendant did not receive the above training without justifiable grounds.

2. On March 13, 2014, the Defendant, as a member of the homeland reserve forces, received a notice of call-up for the reserve forces training in the name of the third commander of the Army No. 2819, to participate in the carried-over training at the office of the Defendant’s head, on February 24, 2014, who was located in the Republic of Korea B, 107, and 1204, from March 11, 2014 to March 13, 2014.

Nevertheless, the defendant did not receive the above training without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Each accusation;

1. A receipt of each muster notice;

1. A written statement of each muster notice;

1. Application of the Acts and subordinate statutes on the organization of homeland reserve forces;

1. Relevant Article 15 (9) 1 and Article 6 (1) of the Establishment of homeland reserve forces Act, and the selection of fines for the crimes;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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