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(영문) 서울서부지방법원 2018.09.05 2017고정827
향토예비군설치법위반
Text

Defendant shall be punished by a fine of one 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 one unit with cancer;

A. From November 9, 2015 to November 11, 2015, the Defendant was unable to participate in the reserve forces training conducted at the above temporary site without justifiable grounds, even though he/she received it directly by the Defendant and submitted his/her signature on the receipt of notice of convening the reserve forces, on November 12, 2015 (24 hours) and the second carried-over training (8 hours) conducted at the training site for the present reserve forces on November 13, 2015 and the second carried-over training (8 hours) conducted at the training site for the present reserve forces on November 13, 2015, the Defendant was unable to participate in the reserve forces training conducted at the above temporary site without justifiable grounds.

B. On November 3, 2015, the Defendant was unable to participate in the reserve forces training conducted at the above temporary site without justifiable grounds, even though he/she received the notice of convening the reserve forces directly and submitted the notice of convening the reserve forces training at the Seoul Eunpyeong-gu and 102, Seoul, the Defendant’s domicile on October 19, 2015, for the second half-yearly supplementary training (6 hours) conducted at the training site for the present reserve forces around November 4, 2015, and for the second half-yearly supplementary training (6 hours) conducted at the training site for the present reserve forces around November 5, 2015.

Summary of Evidence

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

1. Application of Acts and subordinate statutes to a copy of receipt of notification and a receipt certificate of reserve forces;

1. Article 15 (9) 1 and Article 6 (1) of the Act on the Establishment of Local Reserve Forces and the Establishment of Local Reserve Forces (Amended by Act No. 1475, May 29, 2016; hereinafter referred to as the Act on the Establishment of Reserve Forces) for criminal facts, and the selection of fines, respectively.

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

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