logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 원주지원 2014.07.22 2014고단528
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

Punishment of the crime

1. On March 24, 2014 and March 28, 2014, the Defendant, as a member of the homeland reserve forces, failed to undergo the above training without justifiable grounds even though he/she was issued a notice of convening the homeland reserve forces training under the name of the commander of the 8375 unit to participate in the second supplementary training on February 26, 2014, which was conducted from March 24, 2014 to March 27, 2014.

2. On April 24, 2014, the Defendant did not undergo the above training without justifiable grounds, even though he/she received a notice of convening the homeland reserve forces training under the name of the commander of the Army 8375 army to participate in the second supplementary training conducted at the performance of the labor force training site located in the Hanju-si on April 24, 2014 through the Defendant’s wife D, which was around April 14, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to an organized card for each reserve force and a written confirmation of each muster notice;

1. Relevant provisions of the Acts and the choice of punishment for the crimes, and Articles 15 (9) 1 and 6 (1) of the Establishment of Homeland Reserve Forces Act;

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. The Defendant’s assertion regarding the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, as a female witness, rejected the reserve forces training according to the freedom of religion and conscience guaranteed by the Constitution. As such, the Defendant alleged that there exists “justifiable cause” under Article 15(9)1 of the Establishment of Homeland Reserve Forces Act. However, it is difficult to view that the Defendant’s refusal of the training of the homeland reserve forces for the foregoing reason constitutes a justifiable cause under the above Act, and it is difficult to view that the Defendant’s refusal of the training of the homeland reserve forces for the foregoing reason constitutes a justifiable cause under the above Act.

arrow