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(영문) 수원지방법원 2018.04.13 2017고단4890
예비군법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant of "2017 Highest 4890" is a member of the reserve forces belonging to the two transferred units.

On August 1, 2016, the Defendant received a notice of convening a training call to undergo secondary supplementary training (8H) conducted at the training site of Suwon-si C and 102 on August 10, 2016 at the Defendant’s dwelling site of Suwon-si on August 1, 2016, which was conducted on August 10, 2016 at the training site of Suwon-si 1263 Suwon-si, the Defendant was unable to participate in the training without justifiable grounds.

Defendant 2 is the member of the reserve forces belonging to the 2nd unit in Suwon-si, Suwon-si.

On June 22, 2017, the Defendant, at the Defendant’s house located in Suwon-si D and B02, was unable to undergo the second supplementary training for six hours at the training site for Suwon-si, which was conducted at the training site for Suwon-si, which was located in 1263 on July 10, 2017, even after receiving a notice of convening a training in the name of the 4th unit commander of the 2819 unit in the Army, without justifiable grounds.

Summary of Evidence

"2017 Highest 4890"

1. Statement by the defendant in court;

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

1. "A certified copy of the accusation, notification of a crime against the Establishment of the Local Reserve Forces Act, receipt of a muster notice, organization of the local reserve forces, and a certified copy of the resident registration card";

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes on accusation, criminal facts confirmation, receipt of muster notice, reserve forces organization card;

1. Article 15(9)1 and Article 6(1) of the Act on the Establishment of Local Reserve Forces (Amended by Act No. 14184, May 29, 2016); Articles 15(9)1 and 6(1) of the Act on the Establishment of Reserve Forces; Articles 15(9)1 and 6(1) of the Act on the Establishment of Reserve Forces; Articles 15(9)1 and 6(1) of the Act on the Establishment of Reserve Forces; the choice of imprisonment

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 62 (1) of the Criminal Act on the suspended execution;

1. The circumstances unfavorable to sentencing under Article 62-2 of the Social Service Order Criminal Act - The Defendant was accused on August 29, 2016 due to a failure to attend the reserve forces training on August 10, 2016, but an investigation is not conducted due to the prolonged unknown whereabouts.

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