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(영문) 창원지방법원 통영지원 2014.01.15 2013고단941
향토예비군설치법위반
Text

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

[criminal power] On October 15, 2013, the Defendant was sentenced to a suspended sentence of one year for six months, and the said judgment became final and conclusive on October 23, 2013.

【Criminal Facts】

The defendant is the member of the homeland reserve forces belonging to the homeland reserve forces belonging to the Tong Young-si.

1. On July 11, 2013, the Defendant was sent a notice of a call-up in the name of the first unit commander of the Army No. 8358, which was sent to the Defendant’s house located in Tong-si B, and the second supplementary training on July 25, 2013, the Defendant did not undergo the above training without justifiable grounds.

2. The Defendant, at around 18:10 on August 12, 2013, at the same place as Paragraph 1, and during the period from September 2, 2013 to September 4, 2013, received the second supplementary training in the name of the unit No. 8358 of the Army that caused the second supplementary training in the same month, did not undergo the above training without justifiable grounds.

3. The Defendant did not undergo the above training without justifiable grounds despite receiving a notice of a call-up under the name of the first unit commander of the Army No. 8358, which caused the second supplementary training on September 5, 2013, at the time, at the same time and place as in paragraph (2).

Summary of Evidence

1. Defendant's legal statement;

1. The written accusation, the notice of each violation of the Establishment of Homeland Reserve Forces Act, the statement of criminal facts, the delivery of the notice for each call for education, the receipt of the notice for each call for education of homeland reserve force, and each

1. Division: Criminal history records, investigation reports (final judgment of the same kind), one copy of judgment, and one copy of case inquiry into the case, shall be applied;

1. Relevant Article of the relevant Acts concerning the facts constituting an offense, and Articles 15 (9) 1 and 6 (1) of the Establishment of Homeland Reserve Forces Act;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The crime is one of the crimes against which a judgment becomes final and conclusive in the decision that the reserve forces shall be trained faithfully in the future under Article 62 (1) of the Criminal Act.

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